poate CSR NT Tiintrteneti 


as Ibo pati aac 
CR Ne 
Fae 
cage gta sa? 


Ie atin Heth eter ne 
ede 


Ligh 


ho gtinl nd Sia OM 


Return this book on or before the 
Latest Date stamped below. 


University of Illinois Library 


L161—H 41 


4 hy xi oh 
hes fh 
r ity ue 
eb Seprest 


Digitized by the Internet Archive 
in 2022 with funding from 
University of Illinois Urbana-Champaign 


https://archive.org/details/americansguidecoOOunse_0 


THE 


AMERICAN’S GUIDE: — 


COMPRISING THE 


JECLARATION OF INDEPENDENCE} THE ARTICLES OF 
CONFEDERATION 5; THE CONSTITUTION OF 
THE UNITED STATES, 


AND THE 


CONSTITUTIONS OF THE SEVERAL STATES 


> COMPOSING THE UNION. 
VIZ. 

| MAINE, | SOUTH CAROLINA; 

x MASSACHUSETTS, ~ GEORGIA, 
NEW HAMPSHIRE, KENTUCKY, 
VERMONT, TENNESSEE, 
RHODE ISLAND, OHIO, 
CONNECTICUT, ..| INDIANA, - 
NEW YORK, LOUISIANA, 
NEW JERSEY, MISSISSIPPI, 

© PENNSYLVANIA, ILLINOIS, 

DELAWARE, ALABAMA, 
MARYLAND, MISSOURI, 
VIRGINIA, MICHIGAN, : 
NORTH CAROLINA, ARKANSAS. 


PHILADELPHIA: 
HOGAN & THOMPSON, 30 NORTH FOURTH ST. 


1843. 


C. SHERMAN, PRINTER,» 


No. 19 St. James Street, 
PHILADELPHIA. 


; 


INDEX. 


MRIMITE So csbabvous cececssceeecesdastavdni aeev cue tts mew bis 
MMA DOCHCMUE. .., on once vis 06 diauiaitiscie dent Ole ovuiat wae scenes s 
MER WOTOD era niais «iia 64 arose 0 cow PRs064 080 50 Caenees eek eg atweKis 
MUROPGIG a 6 oi as ono Nas voices Gases talvin ds os we Velen es eeeins oceaws 
MIRA So 413: dei nice eieiorp ibis. 4x0 0 40ein od made 2 Uses me ele 0Ae es ge Ree 


MGIATIA,. c ocscSccce sy esedecsecccc eevee cccecte Sowgeunscivenses 


Kentucky,....cccccccsccccccccccccsccccccssescsecseeeseneses 
DUURSIRNIG cs xs oceie e.ah i vs cdicncntes Cee gheeie ghee cuentas asa 
GREE oI ciloa a os cle sait.ens sn st.oe ive gan Ghees seksaaew ah 6 aa.05 
[Miaryland,......cscencccccecvccccsracusearsecsscsccncccceces 
“Massachusetts,. ..cccccecccccccccccccccecesecssecscessscccces 
“Mississippi,....0.cceccccccccccccccccsccceasscvcseesceesecess 
[MISSOUTI,. 0/0 vec cvecasscccvccsepecccccerecsaceccsseccsccesoss 
New Hampshire,....- sececemecccecscesccescccaceccceseesenes 
New Jersey,..csceccece ceccvcccssccccvscccseccceesserssenes 
PNew York,..c.ccccccccccccrccsscccsccsecsseccccccccnccnsecs 
North Carolina,......cccccsecccecccscccccccssceceresenscens 
Ohio,..... So aca sess cere cece ccocunscesesencoeoocsetennceses 
| Pennsylvania,....cscceececececeecescscccceseecnsteecseeeess 
| Rhode Island, Charter of,.....cccesccccccsecscsccsccvsvaseces 


South Carolinad,..ccecccecvcccscccccsscsccccsesssesssessscers 


Tennessee,..ecssccrecceccovccscenseresses sosseccseeeseescs 
PUnited States,...cecccocesccccccccccccccccsscvcesccccsesesces 
Vermont,...cccccscccnccccccccccccessvssscnccessceccssecees 
Virginia,.....cccccccceccncccese sovcseeseees sesesssecceces 


Michigan ..ccccccecccccscrccscecsoncsecessecssessesssseress 


Arkansas .ccccccveccccccedcccecsccen ee esesecssneseeeseneses 


APPEND Xe ccccccccccdccccreveseccreccecneeereenesvesvecces 


? 3 


| 703198 


; i ‘ - hn int 
tite AS hme. weed 
1 ‘ : é ¥ 

p dties'e Lda gett en Wh 8 <4 RNR R UES eye vee ey +9 Conaas 


re 4 


Fak bbe dee Oke Ares oh nd Eee ieee we nie oF OS og Sen a 


t fi bm 
> “s ie Fs Z 


ROS #3 meted nye we ts OL Reais SRY anew eS eRe 


ain 
Ny ta 


ee ke * eke eewe ees vee nw ig nde piceglce bey 


i ae 


< ere 
€ ¥ * thee ev, ee ee hae. +} ben er bes 


os. heat ii peasants. rah 


‘ = is > a 
\ . 


Ath Pil ee tweet en eee emer en lee shee Ae 
_ veh cs Oly tered useet neti escaesenenenbensa tad tees 


a ene 


ao . 
a? eg beet cope lee Cement nhs ote nk aera eee drag eth baat 
ats. - ie «i 
ich Beves eerste — ee KAS eee sare tee via wares ss we 


x 4 
as ar ie 
Srenesetaestie ts ae Mente ets renner ere reyes 
Song rae wet ; 
ee May Ce gia ey athe ee dew peed eee nee eer 
as . a rn te rs 
# aK » a FR ¥ — 
eee On eet et tree eee tee eeea Sater ace Patek 
mi P ‘ 


r * i 


’ 


an 
» 


eke SUA nee ves eee terete ee es Bee, - 


Fi 5, * 
he ere a Ue Rene dadas aw Erin eee tere ot 


y 
“ 


—<— ie, ae —s Tava 
ad ey 


“ean eeene P ory 2 fase en ave ee teshennes 


eS eae pegitra er = 
ce eae at 3 {ie edie ante Sek ated spe gbe awa? 


ake x vate . “6 + =e *, eee ve 


via ingen : i 
ys eae ae ‘ = e ae ee pL “ 
ae ESPON Htc PARE EY 
_— ex, 


sahther 23 Ce ata il ali 


reece <a 


ae yt 
al awe 

~ eee 

eee: shee ceckieg here eo 


7 


bi miner or by ald 15e 


ae ny te weirs errnet 


Sete 


CONSTITUTION OF THE UNITED STATES. 


u~1Y —} 
Preamble. 


Ws, the people of the United States, in order to form a more perfec’ 
union, establish justice, insure domestic tranquillity, provide for the 
common defence, promote the general welfare, and secure the blessings 

-of liberty to ourselves and our posterity, do ordain and establish this 
constitution for the United States of America. 


ARTICLE I. 


- Of the Legislature. 
SECTION I. 


1, All legislative powers herein granted, shall be vested in a con- 
gress of the United States, which shall consist of a Senate and House 
of Representatives. 


SECTION II, 


1, The House of Representatives shall be composed of members 
_ chosen every second year by the people of the several states; and the 
_ electors in each state shall have the qualifications requisite for electors 
_ of the most numerous branch of the state legislature. 
__ 2. No person shall be a representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
_ United States, and who shall not, when elected, be an inhabitant of 
_ that state in which he shall be chosen, 
~ 3. Representatives and direct taxes shall be apportioned among the 
several states which may be included within this union, according to 
_ their respective numbers, which shall be determined by adding to the 
_whole number of free persons, including those bound to service for a 
_ term of years, and excluding Indians not taxed, three-fifths of all other 
| persons. ‘T'he actual enumeration shall be made within three yearr 
after the first meeting of the Congress of the United States, and withigi 
every subsequent term of ten years, in such manner as they shall by 
law direct. The number of representatives shall not exceed one for 
every thirty thousand, but each state shall have at least one represent- 
ative; and until such enumeration shall be made, the state of Wew 
Hampshire shall be entitled to choose three; Massachusetts eight; 
_&thode Island and Providence Plantations one; Connecticut five ; 
_ New York six; New Jersey four; Pennsylvania eight; Delawarg 
one; Maryland six; Virginia ten; North Carolina five; South 
| Carolina five; and Georgia three. 


| 4. When vacancies happen in the representation from any state, the 
| 


AZ 5 


6 CONSTITUTION OF 


executive authority thereof shall issue writs of election to fill up such — 


vacancies. 
5. The House of Representatives shall choose their speaker and other 
officers, and shall have the sole power of impeachment. 


SECTION III. 


1. The Senate of the United States shall be composed of two sena- 
tors from each state, chosen by the legislature thereof, for six y-ars 
and each senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of the 
first. election, they shall be divided, as equally as may be, into three 
classes. ‘The seats of the senators of the first class shall be vacated at 
the expiration of the second year, of the second class at the expiration 
of the fourth year, and of the third class at the expiration of the sixth 
year, so that one-third may be chosen every second year; and if 
vacancies happen, by resignation or otherwise, during the recess of 
the legislature of any state, the executive thereof may make temporary 
appointments until the next meeting of the legislature, which shall 
then fill such vacancies. 

3. No person shall be a senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United States, 
and who shall not, when elected, be an inhabitant of that state for 
which he shall be chosen. 

4, The Vice President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a president 
pro tempore, in the absence of the Vice President, or when he shall 
exercise the office of President of the United States, 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation, 
When the President of the United States is tried, the chief justice 
shall preside; and no person shall be convicted without the concur- 
rence of two-thirds of the members present. 

7. Judgment in case of impeachment.shall not extend further than 
to removal from office, and disqualification to hold and enjoy any office 
of honour, trust, or profit, under the United states; but the party 
convicted shall, nevertheless, be liable ana subject to indictment, trial, 
judgment, and punishment according to law. 


SECTION IV. 


* 1. The times, places, and manner of holding elections for senators 
and representatives, shall be prescribed in each state by the legislature 
thereof; but the Congress may at any time, by law, make or alter such 
regulations, except as to the place of choosing senators. 

2, The Congress shall assemble at least once in every year, and such 
meeting shall be on the first Monday in December, unless they shall 
by law appoint a different day. 


fs SECTION V. 
1. Each House shall be the judge of the elections, returns, and 


ee 


Eid 
THE UNITED STATES. r 


qualifications of its own members; and a majority of each shall con- 
stitute a quorum to do business ; but a smaller number raay adjourn 
from day to day, and may be authorized to compel the attendance of 
absent members, in such manner and under such penalties as each 
House may provide. 

2. Each House may determine the rule of its proceedings, punish 
its members for disorderly behaviour, and, with the concurrence of 
two-thirds, expel a member. ~ 

3 Each House shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may in their judgment 
require secrecy ; and the yeas and nays of the members of either House, 
on any question, shall, at the desire of one-fifth of those present, be 
entered on the journal. 

4, Neither House during the session of Congress shali, without the 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 


SECTION VI. 


1. The senators and representatives shall receive a compensation 
for their services, to be ascertained by law, and paid out of the treasury 
of the United States. They shall in all cases, except treason, felony, 
and breach of the peace, be privileged from arrest during their attend- 
ance at the session of their respective Houses, and in going to or return- 
ing from the same ; and for any speech or debate in either House, they 
shall not be questioned in any other place. 

2. No senator or representative shall, during the time for which he 


was elected, be appointed to any civil office under the authority of 


the United States which shall have been created, or the emoluments 
whereof shall have been increased, during such time; and no person 
holding any office under the United States shall be a member of either 
House during his continuance in office. 


SECTION VII. 


1. All bills for raising revenue shall originate in the House of Repre- 
sentatives; but the Senate may propose or concur with amendments, 
as on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate shall, before it become a law, be presented to the Presi- 
dent of the United States; if he approve, he shall sign it; but if not, 
he shall return it, with his objections, to that House in which it shall 
have originated, who shall enter the objection at large on their journal, 
and proceed to reconsider it. If, after such reconsideration, two-thirds 
of that House shall agree to pass the bill, it shall be sent, together with 
the objections, to the other House, by which it shall likewise be recon- 
sidered, and if approved by two-thirds of that House, it shall become a 
law. But in all such cases the votes of both Houses shall be deter- 
mined by yeas and nays, and the names of the persons voting for and 
against the bill shall be entered on the journal of each House respect 
‘vely, If any bill shall not be returned by the President within ten 


P aR 


8 CONSTITUTION OF 


days (Sundays excepted) after it shall have been presented to him, 
the-same shall be a law in like manner as if he had signed it, unless 
the Congress by their adjournment prevent its return, in which case it 
shall not be a law. 

3. Every order, resolution, or vote to which the concurrence of the 
Senate and House of Representatives may be necessary, (except a ques- 
tion of adjournment,) shall be presented to the President of the United 
States; and before the same shall take effect, shall be approved by 
him, or being disapproved by him, shall be repassed by two-thirds of 
the Senate and House of Representatives, according to the rules and 
limitations prescribed in the case of a bill. 


SECTION VIII. 


The Congress shall have pawer— 

1. To lay and collect taxes, duties, imposts, and excises, to pay the 
debts and provide for the common defence and general welfare of the 
United States; but all duties, imposts, and excises shall be uniform 
throughout the United States: 

2. To borrow money on the credit of the United States : 

3. To regulate commerce with foreign nations, and among the 
several states, and with the Indian tribes: 

4. 'T'o establish a uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies, throughout the United States : 

_ 5. To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures: F ’ 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States: 

7. To establish post offices and post roads : 

8. To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to their 
respective writings and discoveries : 

9. To constitute tribunals inferior to the supreme court. 

10. T’o define and punish piracies and felonies committed on the 
high seas, and offences against the law of nations: 

11. To declare war, grant letters of marque and reprisal, and mako 
rules concerning captures on land and water: 

12. To raise and support armies; but no appropriation of money 
to that use shall be for a longer term than two years: 

13. To provide and maintain a navy : 

14. To make rules for the government and regulation of the land 
and naval forces: 

15. To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions: 

16. To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the service 
of the United States, reserving to the states respectively the appoint- 
ment of the officers and the authority of training the militia according 
to the discipline prescribed by Congress : 

17. 'To exercise exclusive legislation, in all cases whatsoever, over 


| 


a 


THE UNITED STATES. 9 


such district (not exceeding ten miles square,) as may, by cession of 
particular states and the acceptance of Congress, become the scat of 
government of the United States, and to exercise like authority over 
all places purchased, by the consent of the legislature of the state in 
which the same shall be, for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings: and, 

18. ‘To make all laws which shall be necessary and proper for car- 
rying into execution the foregoing powers, and all other powers vested 
by this constitution in the government of the United States, or any 
department or oilicer thereof. 


SECTION IX. 


1, The migration or importation of such persons as any of the states 
now existing shall think proper to admit, shall not be prohibited by the 
Congress prior to the year one thousand eight hundred and eight, but 
a tax or duty may be imposed on such importation, not exceeding ten 
dollars for each person. 

2. ‘The privilege of the writ of habeas corpus shall not be suspended 
unless when, in case of rebellion or invasion, the public safety may 
require it. 

3. No bill of attainder, or ex-post-facto law, shall be passed. 

4. No capitation or other direct tax shall be laid, unless in proportion 
to the census or enumeration hereinbefore directed to be taken. 

5. No tax or duty shall be laid on articles exported from any state. 
No preference shall be given by any regulation of commerce or revenue 
to the ports of one state over those of another; nor shall vessels bound 
to or from one state be obliged to enter, clear, or pay duties in another. 

6. No money shall be drawn from the treasury but in consequence 
of appropriations made by law; and a regular statement and account 
of the receipts and expenditures of all public money shall be published 
from time to time. 

7. No title of nobility shall be granted by the United States, and no 
person holding any office of profit or trust under them shall, without 
the consent of Congress, accept of any present, emolument, office, or 
title of any kind whatever, from any king, prince, or foreign state. 


SECTION X, 


1. No state shall enter into any treaty, alliance, or confederation ; 
grant letters of marque and reprisal; coin money; emit bills of credit; 
make any thing but gold and silver coin a tender in payment of debts; 
pass any bill of attainder, ex-post-facto law, or law impairing the obli- 
gation of contracts; or grant any title of nobility. 

2. No state shall, without the consent of Congress, lay any im- 
posts or duties on imports or exports, except what may be absolutely 
necessary for executing its inspection laws; and the nett produce of 
all duties and imposts laid by any state on imports or exports shall be 
for the use of the treasury of the United States, and all such laws-shall 
he subject to the revision and control of Congress, No state shall, 
without the consent of Congress, lay any duty on tonnage, keep troops 

C2 


10 CONSTITUTION OF 


or ships of war in time of peace, enter into any agreement or compact 
with another state, or with a foreign power, or engage in war, unless 
actually invaded, or in such imminent danger as will not admit of delay. 


ARTICLE II. 


Of the Executive. 
- SECTION I. 


1. The executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of four 
years, and, together with the Vice President, chosen for the same term, 
be elected as follows :— 

2. Each state shall appoint, m such manner as the legislature thereof 
may direct, a number of electors, equal to the whole number of senators 
and representatives to which the state may be entitled in Congress; 
but no senator or representative, or person holding any office of trust 
or profit under the United States, shall be appointed an elector. 

3. The electors shall meet in their respective states, and vote by 
ballot for two persons, of whom one at least shall not be an inhabitant 
of the same state with themselves. And they shall make a list of all 
the persons voted for, and of the number of votes for each; which list 
they shall sign and certify, and transmit sealed to the seat of the govern- 
ment of the United States, directed to the President of the Senate. The 
President of the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates, and the votes shall then be 
counted. ‘The person having the greatest number of votes shall be the 
President, if such number be-a majority of the whole number of electors 
appointed ; and if there be more than one who have such a majority, 
and have an equal number of votes, then the House of Representatives 
shall immediately choose by ballot one of them for President; and if 
no person have a majority, then, from the five highest on the list, the 
said House shall in like manner choose the President. But in choosing 
the President, the votes shall be taken by states, the representation 
from each state having one vote; a quorum for this-purpose shall 
consist of a member or membe-s from two-thirds of the states, and a 
majority of all the states shall be necessary to a choice. In every case, 
after the choice of the President, the person having the greatest number 
of votes of the electors shall be Vice President. But if there should 
remain two or more who have equal votes, the Senate shall choose from 
them by ballot the Vice President. 

4, The Congress may determine the time of choosing the electors 
and the day on which they shall give their votes, which day shall be 
the same throughout the United States. - 

5. No person except a natural-born citizen, or a citizen of the United 
States at the time of the adoption of this constitution, shall be eligible 
to the office of President ; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five years, and 
been fourteen years a resident within the United States. 

6. Incase of the removal of the President from office, or of his death, 


THE UNITED STATES. 1l 


resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice President ; and the Congress 
may by law provide for the case of removal, death, resignation, or inas 
bility, both of the President and Vice President, declaring what officer 
shall then act as President; and such officershall act accordingly, until 
the disability be removed or a President shall be elected. 

7. The President shall, at stated times, receive for his services a com- 
pensation, which shall neither be increased nor diminished during the 
period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or 
any of them. 

8. Before he enter on the execution of his office, he shall take the 
following oath or affirmation :— 

“T do solemnly swear (or affirm) that I will faithfully execute the 
office of President of the United States, and wiil, to the best of my ability, 
preserve, protect, and defend the constitution of the United States.” 


SECTION IT. 


1. The President shall be commander-in-chief of the army and navy 
of the United States and of the militia of the several states, when called 
into the actual service of the United States; he may require the opinion 
_ in writing of the principal officer in each of the executive departments, 
upon any subject relating to the duties of their respective offices; and 
_ he shall have power to grant reprieves and pardons for offences against 
the United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the senators present, 
concur: and he shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public ministers 
and consuls, judges of the supreme court, and all other officers of the 
United States, whose appointments are not herein otherwise provided 
_ for, and which shall be established by law. But the Congress may 
by law vest the appointment of such inferior officers as they think 
proper in the President alone, in the courts of law, or in the heads of 
departments. 

3. The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions, which 
_ shall expire at the end of their next session. 


SECTION III. 


1. He shall, from time to time, give to Congress information of 
the state of the Union, and recommend to their consideration such 
measures as he shall judge necessary and expedient; he may, on 
extraordinary occasions, convene both Houses, or either of them; and 
in case of disagreement between them, with respect to the time of 
_ adjournment, he may adjourn them te such time as he shall think 
_ proper; he shall receive ambassadors and other public ministers; he 
shall take care that the laws be faithfully executed ; and shall com- 
| mission all the officers of the United States. . 


ae _ eet 


12 CONSTITUTION OF 


SECTION IY. 


1. The President, Vice President, and all civil officers of the United 
States, shall be removed from office on impeachment for and conviction 
of treason, bribery, or other high crimes and misdemeanors. 


ARTICLE IIL. 


Of the Judiciary. 
SECTION I. 


1, The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as Congress may, from 
time to time order and establish. The judges, both of the supreme 
and inferior courts, shall hold their offices during good behaviour; and 
shall, at stated times, receive for their services a compensation, which 
shall not be diminished during their continuance in office. 


SECTION II. 


1, The judicial power. shall extend to all cases in law and equity 
arising under this Constitution, the laws of the United States, and 
treaties made, or which shall be made, under their authority ; to all 
cases affecting ambassadors, other public ministers, and consuls ; to all 
cases of admiralty and maritime jurisdiction ; to controversies to which 
the United States shall be a party; to controversies between two or 
more states; between a state and citizens of another state; between 
citizens of different states ; between citizens of the same state claiming 
lands under grants of different states; and between a state, or the citi- 
zens thereof and foreign states, citizens, or subjects. 

2. In all cases affecting ambassadors, other public ministers, and 
consuls, and those in which a state shall be a party, the Supreme Court 
shall have original jurisdiction. In all the other cases before mentioned 
the Supreme Court shall have appellate jurisdiction, both as to law and 
fact, with such exceptions, and under such regulations as Congress 
shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be 
by jury, and such trial shall be held in the state where the said crimes 
shall have been committed ; but when not committed within any state, 
the trial shall be at such place or places as Congress may by law 
have directed. 


SECTION III. “y 


{, Treason against the United States shall consist only in levying 
war against them, or in adhering to their enemies, giving them «aid 
and comfort. No person shall be convicted of treason, unless on the 
testimony of two witnesses to the same overt act, or confession in 
open court. 

2. Congress shall have power to.declare the punishment of treason ; 
but no attainder of treason shall work corruption of blood, or forfeiture, 
except during the life of the person attainted. 


THE UNITED STATES. 13 


ARTICLE IV. 


Miscellaneous. 
SECTION I. 


1, Full faith and credit shall be given in each state to the public 
acts, records, and judicial proceedings of every other state. And 
Congress may, by general laws, prescribe the manner in which such 
acts, records, and proceedings shall be proved, and the effect thereof. 


SECTION ITI. 


1, The citizens of each state shall be entitled to all the privileges 
and immunities of citizens in the several states. 

2. A person charged in any state with treason, felony, or other 
erime, who shall flee from justice and be found in another state, shall, 
on demand of the executive authority of the state from which he fled, 
be delivered up, to be removed to the state having jurisdiction of the 

crime. 

3. No person held to service or labour in one state, under the laws 
thereof, escaping into another shall, in consequence of any law or 
regulation therein, be discharged from such setvice or labour; but 
shall be delivered up on claim of the party to whom such service or 
labour may be due. 


SECTION III. 


1, New states may be admitted by Congress into this Union 3 but 
no new state shall be formed or erected within the jurisdiction of 
any other state, nor any state be formed by the junction of two or more 
States, or parts of states, without the consent of the legislatures of the 
states concerned, as well as of Congress. 

2. Congress shall have power to dispose of, and make all needful 
rules and regulations respecting the territory, or other nes belong- 
ing to the United States; and nothing in this constitution shall be so 
construed as to prejudice any claims of the United States or of any 
particular state. 


SECTION Iy. 


1, The United States shall guarantee to every state in this Union a 
republican form of government, and shall protect each of them against 
invasion ; and, on application of the legislature, or of the executive 
(when the legislature cannot be convened), against domestic violence. 


ARTICLE V. 


Of Amendments. 


1, Congress, whenever two-thirds of both Houses shall deem it 
necessary, shall propose amendments to this constitution ; or, on the 
application of the legislatures of two-thirds of the several states, shall 
call a convention for proposing amendments, which, in either case, shall 


cs 
14 e CONSTITUTION OF 


be valid to all intents and purposes, as part of this constitution, when 
ratified by the legislatures of three-fourths of the several states, or by 
conventions in three-fourths thereof, as the one or the other mode of 
ratification may be proposed by Congress; provided, that no amend- 
ment which may be made prior to the year one thousand eight hundred 
and eight, shall in any manner affect the first and fourth clauses in the 
ninth section of the first article ; and that no state, without its consent, 
shall be deprived of its equal suffrage in the senate. 


ARTICLE VI. 


Miscellaneous. 


1. All debts contracted, and engagements entered into, before the 
adoption of this constitution, shall be as valid against the United States 
under this constitution, as under the confederation. 

2. This constitution, and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which shall be 
made, under the authority of the United States, shall be the supreme 
law of the land; and the judges in every state shall be bound thereby, 
any thing in the constitution or laws of any state to the contrary not- 
withstanding. 

3. The senators and representatives before mentioned, and the 
members of the several state legislatures, and all executive and judicial 
officers, both of the United States and of the several states, shall be 
bound by oath or affirmation to support this constitution: but no 
religidus test shall ever be required as a qualification to any office, or 
public trust, under the United States. 


ARTICLE VII. 


Of the Ratification. 


1, The ratification of the conventions of nine states shall be suffi- 
cient for the establishment of this Constitution between the states so 
ratifying the same. 


Done in Convention, by the unanimous consent of the states present, 
the seventeenth day of September, in the year of our Lord one 
thousand seven hundred and eighty-seven, and of the Independence 
of the United States of America the twelfth. In witness whereof, 
we have hereunto subscribed our names. i 

GEORGE WASHINGTON, 
President, and Deputy from Virginia. 


NEW HAMPSHIRE. CONNECTICUT. 
John Langdon, William Samuel Johnson, 
Nicholas Gilman. Roger Sherman. 
MASSACHUSETTS, NEW YORK. 
Nathaniel Gorman, Alexander Hamilton. 


Rufus King. 


a.” ee tn ce So te 


ee ee ee ee eee 


THE UNITED STATES. 


15 
NEW JERSEY. MARYLAND. 
William Livingston, James M’Henry, 
David Brearly, Daniel of St. Tho. Jenifer 
William Patterson, Daniel Carroll. 
Jonathan Dayton. 
| yinernta. 
PENNSYLVANIA. John Blair, . 

Benjamin Franklin, James Madison, jun. 
Thomas Mifilin, NORTH CAROLINA. 
Robert Morris, William Blount 
Sirsa Clymer, Richard Dobbs Spaight, 

omas Fitzsimons, Hoch Willi 
Jared Ingersoll, % BOR» 
James Wilson, — SOUTH CAROLINA. 
Governeur Morris. John Rutledge, 

Chas. Cotesworth Pinckney, 
DELAWARE. Charles Pinckney, 
George Read, . Pierce Butler. 
Gunning Bedford, jun. 
John Dickinson, GEORGIA. 
Richard Bassett, William Few, 
Jacob Broom. Abraham Baldwin. 
Attest, WILLIAM JACKSON, Secretary. 


AMENDMENTS TO THE CONSTITUTION. 


Arr. 1. Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof; or abridging 
the freedom of speech, or of the press; or the right of the people 
peaceably to assemble, and to petition the government for a redress 
’ of grievances. 

Art. 2. A well-regulated militia being necessary to the security of 
a free state, the right of the people to keep and bear arms shall not be 
infringed. ; 

Art. 3. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of war, but in a manner 
to be prescribed by law. : 

Art. 4. The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and seizures, 
~ shall not be violated; and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing the 
place to be searched, and the persons or things to be seized. 

Art. 5. No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a grand jury 


16 CONSTITUTION OF 


except in cases arising in the land or naval forces, or in the militia 
when in actual service in time of war or public danger; nor shall 
any person be subject for the same offence to be put twice in jeopardy 
of tife or limb; nor shall be compelled, in any criminal case, to be 
witness against himself; nor be deprived of life, liberty, or property, 
without due process of law; nor shall private property be taken for 
public use without just compensation. 

Art. 6. In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartia] jury of the state 
aud district wherein the crime shall have been committed, which 
district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be confronted 
with the witnesses against him; to have compulsory process for 
obtaining witnesses in his favour; and to have the assistance of 
counsel for his defence. | 

Art. 7. In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be pre- 
served; and no fact tried by jury shall be otherwise re-examined in 
any court of the United States than according to the rules of the 
common Jaw. 

Art. 8. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

Art. 9. The enumeration in the constitution of certain rights, 
shall not be construed to deny or disparage others retained by the 
people. 

Art. 10. The powers not delegated to the United States by the con- 
stitution, nor prohibited by it to the states, are reserved to the states 
respectively or to the people. 

» Art. 11. The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity commenced or prose- 
cuted against one of the United States by citizens of another state, or 
by citizens or subjects of another state, or by citizens or subjects of 
any foreign state. 

Art. 12. § 1. The electors shall meet in their respective states, 
and vote by ballot for President and Vice President, one of whom, at 
least, shall not be an inhabitant of the same state with themselves; 
they shall name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice President; and they 
shall make distinct lists of all persons voted for as President and of 
all persons voted for as Vice President, and of the number of votes for 
each, which list they shall sign and certify, and transmit sealed to the 
seat of the government of the United States, directed to the President 
of ihe Senate; the President of the Senate shall, in the presence of 
the Senate and House of Representatives, open all the certificates, and 
the votes shall then be counted; the person having the greatest num- 
ber of votes for President shall be the President, if such number be a 
majority of the whole number of electors appointed ; and if no person 
have such a majority, then from the persons having the highest num- 
bers, not exceeding three, on the list of those voted for as President, 


THE UNITED STATES. 17 


the House of Representatives shall choose immediately by ballot the 
President. But in choosing the President, the votes shall be taken 
by states, the representation from each state having one vote; a quo- 
rum for this purpose shall consist of a member or members from two- 
thirds of the states, and a majority of all the states shall be necessary 
to a choice. And if the House of Representatives shall not choose a 
President whenever the right of choice shall devolve upon them, before 
the fourth day of March next following, then the Vice President shall 
act as President, as in the case of the death or other constitutional 
disability of the President. 

2. The person having the greatest number of votes as Vice Presi- 
dent shall be the Vice President, if such number be a majority of the 
whole number of electors appointed ; and if no person have a majority, 
then from the two highest numbers on the list the Senate shall choose 
the Vice President: a quorum for the purpose shall consist of two- 
- thirds of the whole number of senators, and a majority of the whole 
number shall be necessary to a choice. 

3. But no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice President of the United States. 


B 2 


sipilabsbsthesaniahs ve ahae-ss wirunmtby igsiiegnE: | 
sa T saky coved PY Sens See ane 
cos wa angie - featmeatiyrar tie seorn eto 
a nl et Pitre na yaa pomen 
pe vara mo eines stom Wi fe aE atta Uesin Fork 


memepereye ould; tit asrrang a syanbhentt i a 
Bote ott tease et sine le ea ene ee A 
Pa ah. oad sat Cima 08 tise wecpet - 
"ene to ei tt mai ‘Glaulinwiireinn peanay on EE BO 
oh eee Oe) ae er 


ah 


es hs a ag > Sioa eer "i “pesmag 


eat Re. ; af “e - weet 


“as oe > % “ 


AMERICAN CONSTITUTIONS. 


CONSTITUTION OF MAINE. 


We, the people of Maine, in order to establish justice, ensure tran- 
juillity, provide for our natural defence, promote our common welfare, 
and secure to ourselves and our posterity the blessings of liberty, ac- 
knowledging, with grateful hearts, the goodness of the Sovereign Ruler 
of the Universe in affording us an opportunity so favourable to the de- 
sign; and imploring his aid and direction in its accomplishment, do 
agree to form ourselves into a free and independent state, by the style 
ind title of the State of Maine, and do ordain and establish the follow- 
ing Constitution for the government of the same: 


ARTICLE 1, 
Declaration of Rights. 


§ 1. All men are born equally free and independent, and have cer- 
tain natural, inherent, and unalienable rights, among which are those 
of enjoying and defending life and liberty, acquiring, possessing, and 
protecting property, and of pursuing and obtaining safety and happi- 
ness. 

2, All power is inherent in the people; all free governments are 
founded in their authority, and instituted for their benefit: they have, 
therefore, an unalienable and indefeasible right to institute government, 
and to alter, reform, or totally change the same, when their safety and 
happiness require it. 

3. All men have a natural and unalienable right to worship Almighty 
God according to the dictates of their own consciences, and no one 
shall be hurt, molested, or restrained in his person, liberty, or estate, for 
worshipping God in the manner and season most agreeable to the dic- 
tates of his own conscience, nor for his religious professions or senti- 
ments, provided he does not disturb the public peace, nor obstruct 
others in their religious worship ;—and all persons demeaning them- 
selves peaceably, as good members of the state, shall be equally under 
the protection of the laws, and no subordination nor preference, of any 
one sect or denomination to another, shall ever be established by law, 
nor shall any religious test be required as a qualification for any office 
or trust under this state ; and all religious societies in this state, whe- 
ther incorporate, or unincorporate, shall at all times have the exclusive 
right of electing their public teachers, and contracting with them fer 
their support and maintenance. . 
19 

* 


20 : CONSTITUTION OF : 


4. Every citizen may freely speak, write, and publish his sentiments — 
on any subject, being responsible for the abuse of this liberty. No laws | 
shall be passed regulating or restraining the freedom of the press; and, ‘ 
in prosecutions for any publication respecting the official conduct of — 
men in public capacity, or the qualifications of those who are candi- | 
dates for the suffrages of the people, or where the matter published is | 
proper for public information, the truth thereof may be given in evi- — 
Jence ; and in all indictments for libels, the jury, after having received | 
the direction of the court, shall have a right to determine, at their dis- _ 
cretion, the law and the fact. j 

5. The people shall be secure in their persons, houses, papers, and — 
possessions from unreasonable searches and seizures ; and no warrant | 
to search any place, or seize an person or thing, shall issue without a | 
special designation of the place to be searched, and the person or thing 
to be scized, nor without probable cause, supported by oath or affirmation. 

6. In all criminal prosecutions, the accused shall have a right to be © 
heard by himself and his counsel, or either, at his election: to demand — 
the nature and cause of the accusation, and have a copy thereof : 

To be confronted by the witnesses against him: 

To have compulsory process for obtaining witnesses in his favour : 

To have a speedy, public, and impartial trial; and, except in trials 
by martial law or impeachment, by a jury of the vicinity. He shall _ 
not be compelled to furnish or give evidence against himself, nor be— 
deprived of his life, liberty, property, or privileges, but by judgment of | 
his peers, or the law of the land. 

7. No person shall be held to answer for a capital or infamous crime, _ 
unless on a presentment. or indictment of a grand jury, except in cases" 
of impeachment, or in such cases of offences as are usually cognizable | 
by a justice of the peace. or in cases arising in the army or navy, or in 
the militia when in actual service, in time of war or public danger. 
The legislature shall provide by law a suitable and impartial mode of 
selecting juries; and their usual number and unanimity, in indictments — 
and convictions, shall be held indispensable. 

8. No person for the same offence shall be twice put in jeopardy of — 
life or limb. 

9. Sanguinary laws shall not be passed; all penalties and punish 
ments shall be proportioned to the offence ; excessive bail shall not be 
required nor excessive fines imposed, nor cruel nor unusual punish- 
ments inflicted. 

10. All persons, before conviction, shall be bailable except for capital — 
offences, where the proof is evident, or the presumption great ; and the 
privilege of the writ of habeas corpus shall not be suspended, unless — 
when in cases of rebellion or invasion the public safety may require it. 

11. The legislature shall pass no bill of attainder, ex post facto law, 
nor law impairing the obligation of contracts, and no attainder shall _ 
work corruption of blood nor forfeiture of estate. 

12. Treason against this. state shall consist only in levying war 
against it, adhering to its enemies, giving them aid and comfort. No — 
person shall be convicted of. treason, unless on the testimony of two 
witnesses to the same overt act, or confession in open court. i‘ 

13. The laws shall not be suspended, but by the legislature or its 
authority. a 


; 


MAINE. ; 21 


_ 14. No person shall be subject to corporal punishment under mili- 
tary law, except such as are employed in the army or navy, or in the 
militia when in actual service, in time of war, or public danger. 

15. The people have a right, at all times, in an orderly and peacea- 
ble manner, to assemble and consult upon the common good, to give 
instructions to their representatives, and to request of either department 
of the government, by petition or vemonstrance, redress of their wrongs 
and grievances. 

16. Every citizen has a right to keep ard bear arms for the common 
defence ; and this right shall never be qu tioned. 

17. No standing army shall be kept uy _m time of peace, without the 
consent of the legislature ; and the milit sy shall, in all cases, and at all 
times, be in strict subordination to the c vil power. 

_.18. No soldier shall, in time of pea, be quartered in any house, 
without the consent of the owner or occupant, nor in time of war, but 
in a manner to be prescribed by law. 

19, Every person for an injury done him in his person, reputation, 

property, or immunities, shall have remedy by due course of law; and 
right and justice shall be administered freely and without sale, com- 
pletely and without denial, promptly and without delay. 
_ 20. In all civil suits, and in ah controversies concerning property, 
the parties shall have a right to a xial by jury, except in cases where it 
has heretofore been otherwise practised: the party claiming the right 
may be heard by himself and his counsel, or either, at his election. 

21. Private property shall not be taken for public uses without just 
compensation ; nor unless the public exigencies require it. 

22. No tax or duty shall be imposed without the consent of the peo- 
ple or their representatives in the legislature. 

23, No title of nobility or hereditary distinction, privilege, honour, or 
emolument, shall ever be granted or confirmed ; nor shall any office be 
created, the appointment to which shall be for a longer time than 
during good behaviour. 

24. ‘he enumeration of certain rights shall not impair nor deny 
others retained by the people. 


ARTICLE 2, 
Electors. 


§ 1.-F very male citizen of the United States, of the age of twenty- 
one years and upwards, excepting paupers, persons under guardianship, 
and Ind*xns not taxed, having his residence established in this state for 
the terra of three months next preceding any election, shall be an elec- 
tor for guvernor, senators, and! representatives, in the town or planta- 
tion wiecre his residence is s¢. established, and the elections shall be by 
written ballot. But persons in the military, naval, or marine service ot 
the United States, or this sta Je, shall not be considered as having obtain- 
ed gnch established resider ce by being stationed in any garrison, bar- 
rack, or military place, in any town or plantation: nor shall the resi- 
dence of a student at any.‘ eminary of learning entitle him to the right 
of suffrage in the town ‘r plantation where such seminary is estab- 
lished.» ~ 

2. Electors shall, in all a‘es except treason, felony, or breach of th 


* 


7 


23 CONSTITUTION OF 


peace, be privileged from arrest on the days of election, during their 
attendance at, going to, and returning therefrom. 

3. No elector shall be obliged to do duty in the militia on any day 
of election, except in time of war or public danger. 

4. The election of governor, senators, and representatives shall be 
on the second Monday of September, annually, for ever. 


ARTICLE 3. i 
Distribution of Powers. 


§ 1. The powers of this government shall be divided into three dis- 
tinct departments, the legislative, executive, and judicial. 

2. No person or persons, belonging to one of these departments, 
shall exercise any of the powers properly belonging to either of the 
others, except in the cases herein expressly directed or permitted. 


ARTICLE 4,—PART THE FIRST. 
Legislative Power—House of Representatives. 


§ 1. The legislative power shall be vested in two distinct branches ; 
a house of representatives and a senate, each to have a negative on 
the other: and both to be styled, the Legislature of Maine: and the 
style of their acts and laws shall be, “ Be it enacted by the Senate 
and House of Representatives in Legislature assembled.” . 

2. The house of representatives shall consist of not less than one 
hundred, nor more than two hundred members, to be elected by the 
qualified electors for one year from the next day preceding the annual 
meeting of the legislature—which shall first be convened under this 
constitution, shall, on or before the fifteenth day of August, in the year 
of our Lord one thousand eight hundred and twenty-one, and the legis- 
lature within every subsequent period of at most ten years, and at least 
five, cause the number of the inhabitants of the state to be ascertained, 
exclusive of foreigners not naturalized, and Indians not taxed. The 
number of representatives shall, at the several periods of making such 
enumeration, be fixed and apportioned among the several counties, as_ 
near as may be, according to the number of inhabitants, having regard 
to the relative increase of population. The number of representatives 
shall, on said first apportionment, be not less than one hundred nor 
more than one hundred and fifty ; and whenever the number of repre- 
sentatives shall be two hundred, at the next annual meetings of elec- 
tions, which shall thereafter be had, and at every subsequent period of — 
ten years, the people shall give in their votes whether the number of 
representatives shall be increased or diminished; and if a majority of 
votes are in favour thereof, it shall be the duty of the next legislature 
thereafter to increase or diminish the number by the rule hereinafter 
prescribed. 

3. Each town having fifteen hundred inhabitants may elect one re- 
presentative ; each town having three thousand seven hundred and fifty 
may elect two; each town having six thousand seven hundred and 
fifty may elect three ; each town having ten thousand five hundred may 
elect four; each town having fifteen thousand may elect five; each 
town having twenty thousand two hundred and fifty may elect six; 


MAINE. 23 


each town having twenty-six thousand two hundred and fifty inhabi- 
tants may elect seven; but no town shall ever be entitled to more than 
seven representatives; and towns and plantations, duly organized, not 
having fifteen hundred inhabitants, shall be classed, as conveniently as 
may be, into districts, containing that number, and so as not to divide 
towns; and each such district may elect one representative ; anid wher 
on this apportionment, the number of representatives shall be two hun- 
dred, a different apportionment shall take place upon the above princi- 
ple ; and, in case the fifteen hundred’ shall be too large or too small to 
apportion all the representatives to any county, it shall be so increased 
or diminished as to give the number of representatives according to the 
above rule and proportion ; and whenever any town or towns, plantation 
or plantations, not entitled to elect a representative, shall determine 
against a classification with any other town or plantation, the legisla- 
ture may, at each apportionment of representatives, on the application of 
such town or plantation, authorize it to elect a representative for such 
portion of time, and such periods, as shall be equal to its portion of re- 
presentation, and the right of representation, so established, shall not be 
altered until the next general apportionment. 

4, No person shall be a member of the house of representatives, un- 
less he shall, at the commencement of the period for which he is elected, 
have been five years a citizen of the United States; having arrived at the 
age of twenty-one years ; have been a resident in this state one year, or 
from the adoption of this constitution; and, for the three months next 
preceding the time of his election, shall have been, and during the period 
for which he is elected, shall continue to be, a resident in the town or 
district which he represents. 

5. ‘The meetings for the choice of representatives shall be warned, 
in due course of law, by the selectmen of the several towns, seven days, 
at least, before the election ; and the selectmen thereof shall preside im- 
partially at such meetings, receive the votes of all the qualified electors 
present, sort, count, and declare them, in open town meeting, and in the 
presence of the town clerk, who shall form a list of the persons voted for, 
with the number of votes for each person against his name, shall make 
a fair record thereof in the presence of the selectmen, and in open town 
meeting ; and a fair copy of this list shall be attested by the selectmen 
and town clerk, and delivered by said selectmen to each representative 
within ten days next after such election. And the towns and planta- 
tions, organized by law, belonging to any class herein provided, shall 
hold their meetings at the same time in the respective towns and plan- 
tations ; and the town and plantation meetings in such towns and plan- 
tations, shall be notified, held, and regulated, the votes received, sorted, 
counted, and declared, in the same manner. And the assessors and 
elerks of plantations shall have all the powers, and be subject to all the 
duties, which selectmen and town clerks have, and are subject to, by 
this constitution. And the selectmen of such towns, and the assessors of 
such plantations so classed, shall, within four days next after such meet- 
ing, meet at some place, to be prescribed and notified by the selectmen 
or assessors of the eldest town or plantation in such class, and the 
copies of said lists shall be then examined and compared ; and, in case 
any person shall be elected by a majority of all the votes, the selectmen 
or assessors shall deliver the certified copies of such lists to the person 


24 CONSTITUTION OF 


so elected, within ten days next after such election ; and the clerks of 
towns and plantations, respectively, shall seal up copies of all such lists, 
and cause them to be delivered into the secretary’s office twenty days at _ 
least. before the first Wednesday in January, annually ; but, in case no — 
person shall have a majority of votes, the selectmen and assessors shall, 
as soon as may be, notify another meeting, and the same proceedings 
shall be at every future meeting until an election shall have been effect- 
ed, provided, that the legislature may, by law, prescribe a different mode 
of returning, examining, and ascertaining the election of the representa — 
tives in such classes. Ps 

6. Whenever the seat of a membcr shall be vacated, by death, resig 
nation, or otherwise, the vacancy may be filled by a new election. 

7. The house of representatives shall choose their speaker, clerk, and_ 
other officers. 

8. The house of representatives shall have the sole power of impeach- 
ment, 


-_ 


ARTICLE 4.—PART SECOND, 
Senate. 


§ 1. The senate shall consist of not less than twenty, nor more than” 
thirty-one members; elected at the same time, and for the same term, 
as the representatives, by the qualified electors of the districts into which 
the state shall, from time to time, be divided. 

2. The legislature which shall be first convened under this constitu- 
tion shall, on or before the fifteenth day of August, in the year of our 
Lord one thousand eight hundred and twenty-one, and the legislature 
at every subsequent period of ten years, cause the state to be divided into — 
districts for the choice of senators. The district shall conform, as near 
as may be, to county lines, and be apportioned according to the number 4 
of inhabitants. The number of senators shall not exceed twenty at the 
first apportionment, and shall, at each apportionment, be increased, until — 
they shall amount to thirty-one, according to the increase in the house a 
of representatives. 4 

3. The meetings for the election of senators shall be notified, held, — 
and regulated, and the votes received, sorted, counted, declared, and re-_ 
corded, in the same manner as those for representatives, And fair copies — 
of the lists of votes shall be attested by the selectmen and town clerks _ 
of towns, and the assessors and clerks of plantations, and sealed up in 
open town and plantation meetings, and the town and plantation clerks, rs 
respectively, shall cause the same to be delivered into the secretary’s 
office, thirty days at least before the first Wednesday of January. All 
other qualified electors, living in places unincorporated, who shall be as- 
sessed to the support of government by the assessors of an adjacent 
town, shall have the privilege of voting for senators, representatives, and 
governor, in such town, and shall be notified by the selectmen thereof, 
for the purpose, accordingly. 

4, The governor and council shall, as soon as may be, examine re-_ 
turned copies of such lists, and, twenty days before the said first Wed-_ 
nesday of January, issue a summons to such persons as shall appear to 
be elected by a majority of the votes in each district, to attend that day) 
and take their seats. 


4 


MAINE. 2b 


5. The senate shall on the said first Wednesday of January, annually, 
determine who are elected by a majority of votes to be senators in each 
district ; and, in case the full number of senators to be elected from each 
district shall not have been so elected, the members of the house of re- 
presentatives, and such senators as shal! have been elected, shall, from 
the highest number of the persons voted for, on said lists, equal to twice 
the number of senators deficient, in every district if there be so many 
voted for, elect, by joint ballot, the number of senators required ; and in 
this manner all vacancies in the senate shall be supplied, as soon as may 
be, after such vacancies happen. 

6. The senators shall be twenty-five years of age at the commence- 
ment of the term for which they are elected, and in all other respects 
their qualifications shall be the same as those of the representatives. 

7. The senate shall have the sole power to try all impeachments ; and, 
when sitting for that purpose, shall be on oath or affirmation; and no 
person shall be convicted without the concurrence of two-thirds of the 
members present. Their judgment, however, shall not extend further 
than to removal from office, and disqualification to hold or enjoy any 
office of honour, trust, or profit under this state; but the party, whether 
convicted or acquitted, shall, nevertheless, be liable to indictment, trial, 
judgment, and punishment, according to law. 

8. The senate shall choose their president, secretary, and other offi 
cers. 


ARTICLE 4.—PART THIRD. 
Legislative Power. 


§ 1. The legislature shall convene on the first Wednesday of Janu- 
ary, annually, and shall have full power to make and establish all rea- 
sonable laws and regulations for the defence and benefit of the people of 
this state, not repugnant to this constitution, nor to that of the United 
States, 

2. Every bill or resolution, having the force of law, to which the con- 
currence of both houses may be necessary, except on a question of ad- 
journment, which shall have passed both houses, shall be presented to 
the governor, and if he approve, he shall sign it; if not, he shall return 
it, with his objections, to the house in which it shall have originated, 
who shall enter the objections at large on its journals, and proceed to re- 
consider it. If, after such reconsideration, two-thirds of that house shall 
agree to pass it, it shall be sent, together with the objections, to the other 
house, by which it shall be reconsidered ; and, if approved by two-thirds 
of that house, it shall have the same effect as if it had been signed by the 
governor ; but, in all such cases, the votes of both houses shall be taken 
by yeas and nays, and the names of the persons voting for and against 
the bill or resolution, shall be entered on the journals of both houses, re- 
spectively. If the bill or resolution shall not be returned by the governor 
within five days (Sundays excepted) after it shall have been presented » 
to him, it shal! have the same force and effect as if he had signed it ; un- 

less the legislature by their adjournment prevent its return, in which 
case it shall have such force and effect, unless returned within three days 
after their next meeting. 

3. Each house shall be the judge of the elections and qualifications of 

C 


26 CONSTITUTION OF 


its own members, and a majority shall constitute a quorum to do’busi- 
ness ; but a smaller number may adjourn from day to day, and may com- 
pel the attendance of absent members, in such manner and under such 
penalties as each house shall provide. 48 Sr 

4. Each house may determine the rules of its proceedings, punish its 
members for disorderly behaviour, and, with the concurrence of two- 
thirds, expel a member, but not a second time for the same cause. 

5. Each house shall keep a journal, and from time to time publish its 
proceedings, except such parts as, in their judgment, may require secresy 5 
and the yeas and nays of the members of either house, on any question, 
shall, at the desire of one-fifth of those present, be entered on the jour- 
nals. 

6. Each house, during its session, may punish, by imprisonment, any 
person, not a member, for disrespectful or disorderly behaviour in its 
presence ; for obstructing any of its proceedings ; threatening, assaulting, 
or abusing any of its members for any thing said, done, or doing, in 
either house: Provided, that no imprisonment shall extend beyond the 
period of the same session ; 

7. The senators and representatives shall receive such compensation 
as shall be established by law ; but no law increasing their compensa- 
tion shall take effect during the existence of the legislature which 
enacted it. The expenses of the members of the house of representa- 
tives in travelling to the legislature and returning therefrom, once in 
each session, and no more, shall be paid by the state, out of the public 
treasury, to every member who shall seasonably attend, in the judg- 
ment of the house, and does not depart therefrom without leave. 

8. The senators and representatives shall, in all cases, except trea 
son, felony, or breach of the peace, be privileged from arrest during 
their attendance at, going to, and returning from each session of the 
legislature, and no member shall be liable for any thing spoken in de- 
bate in either house in any court or place elsewhere. 

9. Bills, orders, or resolutions may originate in either house, and 
_may be altered, amended, or rejected in the other; but all bills for 
raising a revenue shall originate in the house of representatives, but 
the senate may propose amendments, as in other cases; provided, that 
they shall not, under colour of amendment. introduce any new matter, 
which does not relate to raising a revenue. 

10. No senator or representative shall, during the term for which he 
shall have been elected, be appointed to any civil office of profit under 
this state, which shall have been created, or the emoluments of which 
increased during such term, except such offices as may be filled by elec- 
tions by the people: provided that this prohibition shall not extend to 
the members of the first legislature. 

11, No member of congress, nor person holding any office under the 
United States, (post officers excepted,) nor office of profit under this 
state, justices of the peace, notaries public, coroners, and officers of the 
militia, excepted, shall have a seat in either house during his being such 
member of congress, or his continuing in such office. | 

12. Neither house shall, during the session, without the cor.sent of — 
the other, adjourn for more than two days, nor to any other place than . 
that in which the houses shall be sitting. 


MAINE. 27 


ARTICLE 5.—PART FIRST. 
Executive Power. 


§ 1. The supreme executive power of this state shall be vested in a 
governor. 

2. The governor shall be elected by the qualified electors, and shal: 

hold his office one year, from the first Wednesday of January in each 
year. 

3. The meetings for election of governor shall be notified, held, and 

regulated, and votes shall be received, sorted, counted, declared, and re- 
corded, in the same manner as those for senators and representatives. 
They shall be sealed and returned into the secretary’s office in the same 
manner, and at the same time, as those for senators. And the secretary 
of state for the time being shall, on the first Wednesday of January 
then next, lay the lists before the senate and house of representatives, 
to be by them examined; and, in case of a choice by a majority of all 
the votes returned, they shall declare and publish the same. But if no 
person shall have a majority of votes, the house of representatives shall, 
by ballot, from the persons having the four highest numbers of votes 
on the list, if so many there be, elect two persons, and make return of 
their names to the senate, of whom the senate shall, by ballot, elect 
one, who shall be declared the governor. 
._ 4. The governor shall, at the commencement of his term, be not less 
than thirty years of age; a natural born citizen of the United States ; 
have been five years, or from the adoption of this constitution, a re- 
sident of the state; and, at the time of his election, and during the 
term for which he is elected, be a resident of said state. 

5. No person holding any office or place under the United States, 
this state, or any other power, shall exercise the office of governor. 

6. The governor shall, at stated times, receive for his services a com- 
pensation, which shall not be increased or diminished during his con- 
tinuance in office. 

7. He shall be commander-in-chief of the army and navy of the state, 
and of the militia, except when called into the actual service of the 
United States; but he shall not march nor convey any of the citizens 
out of the state without their consent, or that of the legislature, unless it 
shall become necessary, in order to march or transport them from one 
part of the state to another, for the defence thereof. 

8. He shall nominate, and, with the advice and consent of the coun- 
cil, appoint, all judicial officers, the attorney general, the sheriff, coro- 
hers, registers of probate, and notaries public; and he shall also nomi- 
nate, and with the advice and consent of the council, appoint, all other 
civil and military officers whose appointment is not, by this constitu- 
tion, or shall not by law, be otherwise provided for; and every such 
nomination shall be made seven days at least prior to such appointment. 

9. He shall, from time to time, give the legislature information of the 
condition of the state, and recommend to their consideration such mea- 
sures as he may judge expedient. 

10. He may require information from any military officer, or any 
officer in the executive department, upon any .subject relating to the 
duties of their respective offices. 

11. He shall have power, with the advice and consent of the council, 


28 CONSTITUTION OF 


to remit, after conviction, all forfeitures and penalties, and grant re. _ 
prieves and pardons, except in cases of impeachment. 

12. He shall take care that the laws be faithfully executed. 

13, He may, on extraordinary occasions, convene the legislature; — 
and, in case of disagreement between the two houses with respect to © 
the time of adjournment, adjourn them to such time as he shall think 
proper, net beyond the day. of the next annual meeting; and if, since 
their last adjournment, the place where the legislature were next toe ) 
convene shall have became dangerous from an enemy, or contagious | 
sickness, may direct the session to be held at some other convenient — | 
place within the state. 

14, Whenever the office of governor shall become vacant by death, 
resignation, removal from office, or otherwise, the president of the se- 
nate shall exercise the office of governor until another governor shall — 
be duly qualified ; and, in case of the death, resignation, removal from 
office, or other disqualification of the president of the senate, so ex- 
ercising the office of governor, the speaker of the house of representa- 
tives shall exercise the office, until a president of the senate shall have 
been chosen; and when the office of governor, president of the senate, — 
and speaker of the house shall become vacant, in the recess of the 
senate, the person acting as secretary of state for the time being shall, Ps 
by proclamation, convene the senate, that a president may be chosen te 
exercise the office of governor. And whenever either the president of 
the senate or speaker of the house shall so exercise said office, he shall — 
receive only the compensation of governor, but his duties as president 
or speaker shall be suspended; and the senate or house shall fill the 
vacancy, until his duties as governor shall cease. 


ARTICLE 5.—PART SECOND. 


Council. | 


§ 1. There shall be a council, to consist of seven persons, citizens of 
the United States, and residents of this state, to advise the governor in | 
the executive part of the government, whom the governor shall have full | 
power, at his discretion, to assemble; and he, with the counsellors or a | 
majority of them, may, from time to time, hold and keep a council, for 
ordering and directing the affairs of state according to law. 
2. The counsellors shall be chosen annually, on the first Wednesday 
of January, by joint ballot of the senators and representatives in con- | 
vention ; and vacancies which shall afterwards happen shall be filled in 
the same manner; but not more than one counsellor shall be elected | 
. from any district prescribed for the election of senators; and they shall — 
he privileged from arrest in the same manner as senators and represen= _ 
tatives. Bi: 
3. ‘The resolutions and advice of council shall be recorded in a regis- | 
ter, and signed by the members agreeing thereto, which may be called | 
for by either house of the legislature ; and any counsellor may enter his i 
dissent to the resolution of the majority. a 
4. No member of congress, or of the legislature of this state, norany | 
person holding any office under the United States, (post officers ex- | 
cepted,) nor any civil officers under this state, (justices of the peace and — 
notaries public excepted.) shall he counsellors, And no counsellor 


-l 


MAINE. 29 


| shall-be appointed to any office during the time for which he shall have 
| been elected. 


ARTICLE 5.—PART THIRD. 
Secretary. 


§ 1. The secretary of state shall be chosen annually, at the first ses- 
sion of the legislature, by joint ballot of the senators and representatives 
in convention. 

2. The records of the state shall be kept in the office of the secre- 
tary, who may xppoint his deputies, for whose conduct he shall be 
accountable. 

3. He shall attend the governor and council, senate and house of re- 
presentatives, in person, or by his deputies, as they shall respectively 
require. 

4, He shall carefully keep and preserve the records of all the official 
acts and proceedings of the governor and council, senate, and house of 
representatives, and, when required, lay the same before either branch of 
the legislature, and perform such other duties as are enjoined by this 
constitution, or shall be required by law. 


ARTICLE 5,—PpART FOURTH. 
Treasurer. 


§ 1. The treasurer shall be chosen annually, at the first session of the 
legislature, by joint ballot of the senators and representatives in con- 
vention, but shall not be eligible more than five years successively. 

2. The treasurer shall, before entering on the duties of his office, give 
bond to the state, with sureties, to the satisfaction of the legislature, for 
ithe faithful discharge of his trust. 

3. The treasurer shall not, during his continuance in office, engage in 
any business of trade or commerce, or as a broker, nor as an agent or 
factor for any merchant or trader. 

4, No money shall be drawn from the treasury, but by warrant from 
the governor and council, and in consequence of appropriations made 
by law; and a regular statement and account of the receipts and expen- 
ditures of all public money shall be published at the commencement of 
the annual session of the legislature. 


ARTICLE 6. 


Judicial Power. 


§ 1. The judicial power of this state shall be vested in a supreme ju- 
dicial court, and such other courts as the legislature shall, from time to 
time, establish. 

_ 2. The justices of the supreme judicial court shall, at stated times, 
receive a compensation, which shall not be diminished during their con- 
tinuance in office, but they shall receive no other fee or reward. 

_ 8. They shall be obliged to give their opinion upon important ques- 
tions of law, and upon solemn occasions, when required by the governor, 
council, senate, or house of representatives. 

4, All judicial officers, except justices of the peace, shall hold their 

c2 


30 CONSTITUTION OF 


offices during good behaviour, but not beyond the age of seventy 
years. 
” 5. Justices of the peace and notaries public shall hold their offices 
during seven years, if they so long behave themselves well, at the ex- 
-piration of which term, they may be re-appointed, or others appointed, 
as the public interest may require. 

6. The justices of the supreme judicial court shall hold no office un- 
der the United States, nor any state, nor any other office under this 
state, except that of justice of the peace. 


ARTICLE 7. 
Military. 


§ 1. The captains and subalterns of the militia shall be elected by the 
written votes of the members of their respective companies. The field 
officers of régiments by the written votes of the captains and subalterns 
of their respective regiments. ‘The brigadier-generals, in like manner, 
by the field officers of their respective brigades. 

2. The legislature shall, by law, direct the manner of notifying the 
electors, conducting the elections, and making the returns to the governor — 
of the officers elected ; and if the clectors shall neglect or refuse to 
make such elections, after being duly notified according to law, the 
governor shall appoint suitable persons to fill such offices. 

3. The major-general shall be elected by the senate and house of 
representatives, each having a negative on the other. The adjutant-gen- 
eral and quartermaster-general shall be appointed by the governor and 
council; but the adjutant-general shall perform the duties of quarter- 
master-genera!, until otherwise directed by law. The major-generals 
and brigadier-generals, and the commanding officers of regiments and 
battalions, shall appoint their respective staff officers; and all military 
officers shall be commissioned by the governor. 

4, The militia, as divided into divisions, brigades, regiments, battalions, - 
and companies, purstant to the laws now in force, shall remain so” 
organized, until the same shall be altered by the legislature. 

5. Persons of the denomination of quakers and shakers, justices of 
the supreme judicial court, and ministers of the gospel, may be exempted 
from military duty; but no other person, of the age of eighteen and 
under the age of forty-five years, excepting officers of the militia who 
have been honourably discharged, shall be so exempted, unless he shall 
pay an equivalent, to be fixed by law. : ¥ 


ARTICLE 8, 


Literature. 


A general diffusion of the advantages of education being essential ta 
the preservation of the rights and liberties of the people; to promote 
this important object, the legislature are authorized, and it shall be their 
duty, to require the several towns to make suitable provision, at then 
own expense, for the support and maintenance of public schools ; and 
it shall farther be their duty to encourage and suitably endow, from 
time to tims, as the circumstances of the people may authorize, all 
seademics, colleges, and seminaries of learning, within the -state: pro-— 


t 


f 


MAINE. 31 


vided, that no donation, grant, or endowment, shall at any tume be made 


by the legislature, to any literary institution now established, or which 
may hereafter be established, unless at the time of making such endow- 
ment, the legislature of the state shall have the right to grant any further 
powers to alter, limit, or restrain any of the powers vested in any such 
literary institution, as shall be judged necessary to promote the best in- 
terests thereof, 


ARTICLE 9, 
General Provisions. 


§ 1. Every person elected or appointed to either of the places or offices 
provided in this constitution, and every person elected, appointed, or 
commissioned, to any judicial, executive, military, or other office under 
this state, shall, before he enter on the discharge of the duties of his 
place or office, take and subscribe the following oath or affirmation : 
‘eI; , do swear, that I will support the constitution of the United 
States and of this state, so long as I shall continue a citizen thereof. 
So help me God.” 

s.1, , do swear, that I will faithfully discharge, to the best of 
my abilities, the duties incumbent on ‘me as , according to the 
constitution and the laws of the state :‘so help me God :’’ provided, that 
an affirmation in the above forms maybe substituted, when the persons 
shall be conscientiously scrupulous of taking and subscribing an oath. 

‘The oaths or affirmations shall be taken and subscribed by the gover- 
nor and counsellors before the presiding officer of the senate, in the 
présence of both houses of the legislature, and by the senators and 
representatives before the governor and council, and by the residue of 
said officers before such person as shall be prescribed by the legislature ; 
and, whenever the governor or any counsellor shall not be able to attend, 
during the session of the legislature, to take and subscribe said oaths or 
affirmations, such oaths or affirmations may be taken and subscribed, in 
the recess of the legislature, before any justice of the supreme judicial 
court: provided, that the senators and representatives first elected under 
this constitution shall take and subscribe such oaths or affirmations, be- 
fore the president of the convention. 

2. No person holding the office of justice of the supreme judicia. 
court, or of any inferior court, attorney-general, county attorney, trea 
surer of the state, adjutant-general, judge of probate, register of probate. 
register of deeds, sheriffs or their deputies, clerks of the judicial courts. 
shall be a member of the legislature ; and any person holding either of 
the foregoing offices, elected to and accepting a seat in the congress of 
the United States, shall thereby vacate said office; and no person shall 
be capable of holding or exercising, at the same time, within this state, 
more than one of the offices before mentioned. 

3. All commissions shall be in the name of the state, signed by the 
governor, attested by the secretary or his deputy, and have the seal of 
the state thereto affixed. 

4, And in case the elections required by this constitution on the first 
Wednesday of January, annually, by the two houses of the legislature, 


shall not be completed on that day, the same may be adjourned from day 


tc day until completed, in the following order: the vacancies in the 


bal 


32 CONSTITUTION OF 


senate shall first be filled; the governor shall then be elected, if tnere be nc 
choice by the people: and, afterwards, the two houses shall elect the 
council. 

5. Every person holding any civil office under this state may be re- 
moved, by impeachment, for misdemeanor in office; and every person 
holding any office may be removed by the governor, with the advice of 
the council, on the address of both branches of the legislature. But, 
before such address shall pass either house, the causes of removal shall 
be stated and entered on the journal of the house in which it originated, 
and a copy thereof served on the person in office, that he may be admit- 
ted to a hearing in his defence. 

6. The tenure of all offices, which are not or shall not be otherwise 
provided for, shall be during the pleasure of the governor and council. 

7. While the public expenses shall be assessed on polls and estates, a 
general valuation shall be taken at least once in ten years. 

8. All taxes upon real estate, assessed by authority of this state, shall 
be apportioned and assessed equally, according to the just value thereof. 


ARTICLE 10, 
Schedule. 


§ 1. The first legislature shall meet on the last Wednesday in May 
next. The elections on the second Monday in September, annually 
shall not commence until the year one thousand eight hundred and 
twenty-one, and, in the mean time the election for governor, senators 
and representatives, shall be on the first Monday in April, in the year of 
our Lord one thousand eight hundred and twenty ; and at this election 
the same proceedings shall be had as are required at the elections pro- 
vided for in this constitution, on the second Monday in September, annu- 
ally, and the lists of the votes for the governor and senators shall be 
transmitted by the town and plantation clerks, respectively, to the secre- 
tary of state pro tempore, seventeen days at least before the last Wednes- 
day in May next; and the president of the convention shall, in presence 
of the secretary of state, pro tempore, open and examine the attested 
copies of said lists, so returned for senators, and shall have all the pow- 
ers, and be subject to all the duties in ascertaining, notifyimg, and sum- 
moning, the senators who appear to be elected, as the governor and coun- 
cil have, and are subject to, by this constitution: provided, he shall notify 
said senators fourteen days at least before the last Wednesday in May, 


and vacancies shall be ascertained and filled in the manner herein pro- | 


vided ; and the senators to be elected on the said first Monday of April 
_ shall be apportioned as follows : 
' The county of York shall elect three ; the county of Cumberland 
. shall elect three ; the county of Lincoln shall elect three ; the county 
of Hancock shall elect two; the county of Washington shall elect one; 
the county of Kennebec shall elect three; the county of Oxford shall 
elect two; the county of Somerset shall elect two; the county of Pe- 
nobscot shall elect one. 

And the members of the house of representatives shall be elected, 
ascertained, and returned in the same manner as herein provided at 


elections on the second Monday of September: and the first house of re- | 


presentatives shall consist of the following number, to be elected as follows 


/ 


MAINE. | 33 


County of York—TUhe towns of York and Wells may each clect two 


_ rep?esentatives ; and each of the remaining towns may elect one. 

County of Cumberland—The town of Portland may elect three 
_ representatives ; North Yarmouth, two ; Brunswick, two; Gorham, two; 
| Freeport and Pownal, two; Raymond and Otisfield, one; Bridgton, 


_ Baldwin, and Harrison, one; Poland and Danville, one ; and each re- 


maining town, one. 
+ County of Lincoln.—The towns of Georgetown and Phipsburg may 
elect one representative; Lewistown and Wales, one; St. George, 


_ Cushing, and Friendship, one ; Hope and Appleton Ridge, one ; Jeffer- 


son, Putnam, and Patricktown Plantation, one; Alba and Whitefield, 
one; Montville, Palermo, and Montville Plantation, one; Woolwich 
and Dresden, one ; and each remaining town, one. 

County of Hancock.—The town of Bucksport may elect one repre- 
sentative; Deer Island, one; Castine and Brooksville, one; Orland 
and Penobscot, one; Mount Desert and Eden, one; Vinalhaven and 
Isleborough, one ; Sedgwick and Bluchill, one; Gouldsborough, Sulli- 
van, and plantations, No. 8 and 9, north of Suilivan, one ; Surry, Ells- 


_ worth, Trenton, and plantation of Mariaville, one ; Lincolnville, Sears- 


mont, and Belmont, one; Belfast and Northport, one ; Prospect and 
Swanville, one; Frankfort and Monroe, one; Knox, Brooks, Jackson, 
and ‘Thorndike, one. 

County of Washington.—The towns of Steuben, Cherryfield, and 


| Harrington, may elect one representative; Addison, Columbia, and 


Jonesborough, one ; Machias, one ; Lubec, Dennysville, plantations No. 
9, No. 10, No. 11, No. 12, one; Eastport, one; Perry, Robinson, Ca- 
lais, plantations No. 3, No. 6, No. 7, No. 15, and No. 16, one. 

County of Kennebec.—The towns of Belgrade and Dearborn may 
elect one representative ; Chesterville, Vienna, and Rome, one; Wayne 
and Fayette, one; Temple and Wilton one; Winslow and China, one ; 


Fairfax and Freedom, one; Unity, Joy, and T'wenty-five mile Pond 


plantation, one; Harlem and Malta, one ; and each remaining town, 
one. 

County of Oxford—The towns of Dixfield, Mexico, Wield, and 
plantations Nos. 1 and 4, may elect one representative ; Jay and Hart- 
ford, one ; Livermore, one; Rumford, East Andover, and plantations 


Nos. 7 and 8, one; Turner, one ; Woodstock, Paris, and Greenwood, 


one; Hebron and Norway, one; Gilead, Bethel, Newry, Albany, and 


| Howard’s Gore, one; Porter, Hiram, and Brownfield, one; Waterford, 
' Sweden, and Lovell, one ; Denmark, Fryeburg, and Fryeburg Addition, 


one; Buckfield and Sumner, one. 

County of Somerset —The town of Fairfield may elect one represen- 
tative ; Norridgwock and Bloomfield, one ; Starks and Mercer, one ; In- 
dustry, Strong, and New Vineyard, one; Avon, Phillips, Freeman, and 
Kingfield, one ; Anson, New Portland, Embden, and plantation No. 1, 
one ; Canaan, Warsaw, Palmyra, St. Albans, and Corinna, one; Madi- 
son, Solon, Bingham, Moscow, and Northhill, one; Cornville, Athens, 
Harmony, Ripley, and Warrenstown, one 

County of Penobscot—The towns of Hampden and Newburg may 
elect one representative ; Orrington, Brewer and Eddington, and planta- 
tions adjacent, on the east side of Penobscot river, one ; Bangor, Orono, 
and Sunkhaze plantation, one; Dixmont, Newport, Carmel, Hermon, 


34 CONSTITUTION OF 


Stetson, and plantation No. 4, in the 6th range, one; Levant, Corinth, 
Exeter, New Charlestown, Blakesburg, plantation No. 1, in 3d range, 
and plantation No. 1, in 4th range, one; Dexter, Garland, Guilford, 


Sangerville, and plantation No. 3,im 6th range, one; Atkinson, Sebec, — 


Foxcroft, Brownville, Williamsburgh, plantation No. 1, in 7th range, 
and plantation No. 3, in 7th range, one. 

And the secretary of state, pro tempore, shall have the same powers 
and be subject to the same dutiez, in relation to the votes for governor, 
as the secretary of state has, and is subject to, by this constitution : and 
the election of governor shall, on the said last Wednesday in May, be 


determined and declared in the same manner as other elections of — 
governor are by this constitution ; and, in case of vacancy in said office, — 


the president of the senate, and speaker of the house of representatives, 


shall exercise the office as herein otherwise provided, and the counsel- 
lors, secretary, and treasurer, shall also be elected on the said day, and | 
have the same powers, and be subject to the same duties, as is provided | 
in this constitution ; and in case of the death or other disqualification of | 
the president of this convention, or of the secretary of state pro tempore, - 


before the election and qualification of the governor, or secretary of state, 


under this constitution, the persons to be designated by this convention, | 
at their session in January next, shall have all the powers, and perform — 
all the duties, which the president of this convention, or the secretary | 


pro tempore, to be by them appointed, shall have and perform. 


2. The period for which the governors, senators, and representatives, — 


counsellors, secretary, and treasurer, first elected, or appointed, are to 


serve in their respective offices and places, shall commence on the last | 
Wednesday in May, in the year of our Lord one thousand eight hundred | 


and twenty, and continue until the first Wednesday of January, in the 
year of our Lord one thousand eight hundred and twenty-two. 
3. All laws now in force in this state, and not repugnant to this con- 


stitution, shall remain and be in force, until altered or repealed by the — 


legislature, or shall expire by their own limitation. 


4, The legislature, whenever two-thirds of both houses shall deem it | 
necessary, may propose amendments to this constitution ; and when any — 
amendment shall be so agreed upon, a resolution shall be passed and sent — 


to the selectmen of the several towns, and the assessors of the several 
plantations, empowering and directing them to notify the inhabitants of 
their respective towns and plantations, in the manner prescribed by law, 


at their next annual meetings in the month of September, to give in their 


votes on the question whether such amendment shall be made ; and if it 
shall appear that a majority of the inhabitants voting on the question are 
in favour of such amendment, it shall become a part of this constitution. 

5, All officers provided for in the sixth section of an act of the com- 
monwealth of Massachusetts, passed on the nineteenth day of June, in 
the year of our Lord one thousand eight hundred and nineteen, entitled, 
“ An act relating to the separation of the district of Maine from Massa- 
chusetts proper, and forming the same into a separate and independent 
state,” shall continue in office, as therein provided; and the following 
provisions of said act shall be a part of this constitution : subject, however, 
to be modified, or annulled, as therein is prescribed, and not otherwise, 
to wit : 

Sect. 1. Whereas it has been represented to this legislature, that a 


MAINE. 35 


majority of the people of the district of Maine are desirous of establishing 
a separate and independent government within said district : Therefore, 

“ Be it enacted by the Senate and House of Representatives, in Ge 
neral Court assembled, and by the authority of the same, That, the 
consent of this commonwealth be, and the same is hereby, given, that 
the district of Maine may be formed and erected into a separate and in 
dependent state, if the people of the said district shall, in the manner, 
and by the majority hereinafter mentioned, express their consent ana 
agreement thereto, upon the following terms and conditions: And, pro- 
vided the congress of the United States shall give its consent thereto be- 
fore the fourth day of March next: which terms and conditions are as 
follow, viz: 

“ First. All the lands and buildings belonging to the commonwealth, 
within Massachusetts proper, shall continue to belong to said common- 
wealth ; and all the lands belonging to the commonwealth within the 
district of Maine shall belong, the one half thereof to the said com- 
monwealth, and the other half thereof to the state to be formed with- 
in the said district, to be divided as is hereinafter mentioned; and 
the lands within the said district, which shall belong to the said com- 
monwealth, shall be free from taxation, while the title of the said lands 
remains in the commonwealth ; and the rights of the commonwealth to 
their lands, within said district, and the remedies for the recovery there- 
of, shall continue the same, within the proposed state, and in the courts 
thereof, as they now are within the said commonwealth, and in the courts 
thereof; for which purposes, and for the maintenance of its rights, and 
recovery of its lands, the said commonwealth shall be entitled to all other 
proper and legal remedies, and may appear in the courts of the proposed 
state, and in the courts of the United States holden therein ; and all rights 
of action for, or entry into lands, and of action upon bonds, for the breach 
of the performance of the condition of settling duties, so called, which 
have accrued, or may accrue, shall remain in ‘this commonwealth, to be 
enforced, commuted, released, or otherwise disposed of, in such manner 
as this commonwealth may hereafter determine : provided, however, that 
whatever this commonwealth may hereafter receive or obtain on account 
thereof, if any thing, shall, after deducting all reasonable charges relating 
thereto, be divided, one-third part thereof to the new state, and two- 
‘third parts thereof to this commonwealth. 

_ “ Second. All the arms which have been received by this common- 
wealth from the United States, under the law of congress, entitled, ‘ An 
act making provision for arming and equipping the whole body of militia 
of the United States, passed April the twenty-third, one thousand eight 
‘hundred and eight,’ shall, assoon as the said district shall become a sepa- 
Tate state, be divided between the two states, in proportion to the returns 
‘of the militia, according to which the said arms have been received from 
the United States as aforesaid. 

“ Third. All money, stock, or other proceeds, hereafter derived from 
the United States, on account of the claim of this commonwealth, for dis- 
bursements made, and expenses incurred, for the defence of the state 
during the late war with Great Britain, shall be received by this com- 
‘monwealth ; and when received, shall be divided between the two states, 
in the proportion of two-thirds to this commonwealth, and one-third to 
the new state. 


| 


| 


36 CONSTITUTION OF 


“ Fourth. All other property, of every description, belonging to eer 
commonwealth, shall be holden and receivable by the same, as a fund and 
security for all debts, annuities, and Indian subsidies, or claims, due by — 
said commonwealth: and within two years after the said district shall 
have become a il pence state, the commissioners to be appointed, as here«_ 
inafter provided, if the said states cannot otherwise agree, shall assign a _ 
just portion of the productive property so held by said commonwealth, as” 
an equivalent and indemnification to said commonwealth for all such” . 
debts, annuities, or Indian subsidies, or claims, which may then remain 
due, or unsatisfied ; and all the surplus of the said property, so holden, as 
aforesaid, shall be divided between the said commonwealth and the nid | 
district of Maine, in the proportion of two-thirds to the said commons 
wealth and one-third to the said district ; and if, in the judgment of the 
said commissioners, the whole of said property, so held, as a fund and — 
security, shall not be sufficient indemnification for the purpose, the said 4 
district shall be liable for, and shall pay to said commonwealth, one-third | . 
cf the deficiency. (7 

“ Fifth. The new state shall, as soon as the necessary arrangeniiall ; 
can be made for that purpose, assume and perform all the duties ¢ and ob- 
ligations of this commonwealth, towards the Indians within said district” 
of Maine, whether the same arise from treaties,,or otherwise ; and for this 
purpose shall obtain the assent of said Indians, and their release to this — 
commonwealth of claims and stipulations arising under the treaty at” 
present existing between the said commonwealth and said Indians ; and, 
as {ideinifieation to such new state therefor, this commonwealth, wheill 4 
such arrangements shall be completed, and the said duties and obligay 
tions assumed, shall pay to said new state the value of thirty thousand 
dollars, in manner following, viz.: The said commissioners shall set off, 
by metes and bounds, so much of any part of the land, within the saidl 
district, falling to this commonwealth, in the division of the public lands” 
hereinafter provided for, as, in their estimation, shall be of the value of — 
thirty thousand dollars ; and this commonwealth shall, thereupon, assign’ 
the same to the said new state, or, in lieu thereof, may pay the sum of” 
thirty thousand dollars, at its election ; which election of the said com 
monwealth shall be made within one year from the time that notice of 
the doings of the commissioners, on this subject, shall be made known to 
the governor and council, and if not made within that time, the we 
shall be with the new state. 

“ Sixth. Commissioners, with the powers, and for the purposes men=— 
tioned in this act, shall be appointed in manner following: The execu- 
tive authority of each state shall appoint two; and the four so appointed, — 


en) ee cA 


agree in the appointment, the executive of each state shall appoint one in — 
addition; not, however, in that case, to be a citizen of its own state. 
And any vacancy happening with respect to the commissioners, shall be — 
supplied in the manner provided for their original appointment ; and, in. 
addition to the powers hereinbefore given to said commissioners, they 
shall have full power and authority to divide all the public lands within — 
the district between the respective states, in equal shares, or moieties, in” 
severalty, having regard to quantity, situation, and quality; they shall 
determine what lands shall be surveyed and divided, from time to time, 
he expenses of which surveys, and of the commissioners, shall be borne” 


, 


MAINE. 37 


equally by the two states. They shall keep fair records of their doings, 
and of the surveys made by their direction, copies of which records, au- 
thenticated by them, shall be deposited, from time to time, in the archives 
of the respective states; transcripts of which, properly certified, may be 
admitted in evidence, in all questions touching the subject to which they 
relate. The executive authority of each state may revoke the power of 
either or both its commissioners ; having, however, first appointed a sub- 
stitute, or substitutes, and may fill any vacancy happening with respect 
to its own commissioners ; four of said commissioners shall constitute 
quorum for the transaction of business ; their decision shall be final upon 
all subjects within their cognizance. In case said commission shall ex- 
pire, the same not having been completed, and either state shall request 
the renewal or filling up of the same, it shall be renewed or filled up in 
the same manner as is herein provided for filling the same in the first in- 
stance, and with the like powers; and if either state shall, after six 
months’ notice, neglect or refuse to appoint its commissioners, the other 
may fill up the whole commission. 

“ Seventh. Ali grants of lands, franchises, immunities, corporate or 
other rights, and all contracts for, or grants of lands not yet located, 
which have been, or may be, made by the said commonwealth, before 
the separation ‘of said district shall take place, and having or to have 
effect within the said district, shall continue in full force. after the said 
district shall become a separate state. But the grant which has been 
made to the president and trustees of Bowdoin college, out of the tax 
laid upon the banks within this commonwealth, shall be charged upon the 
tax upon the banks within the said district of Maine, and paid according 
to the terms of said grant; and the president and trustees, and the over- 
seers of said college, shall have, hold, and enjoy their powers and privi- 
leges in all respects : so that the same shall not be subject to be altered, 
limited, annulled, or restrained, except hy judicial process, according to 
the principles of law; and, in all grants hereafter to be made, by either 
state, of unlocated land within the said district, the same reservations 
shall be made for the benefit of schools, and of the ministry, as have here- 
tofore been usual in grants made by this commonwealth. And all lands 
heretofore granted by this commonwealth to any religious, Literary, or 
eleemosynary corporation, or society, shall be free from taxation, while 
the same continues to be owned by such corporation or society. 

“ Eighth. No laws shall be passed in the proposed state, with regard 
to taxes, actions, or remedies at law, or bars, or limitations thereof, or 
otherwise making any distinction between the lands and rights of pro- 
perty of proprietors, not resident in, or not citizens of, said proposed 
state, and the lands and rights of property of the citizens of the pro- 
posed state, resident therein: and the rights and liabilities of all persons 
shall, after the said separation, continue the same as if the said district 
was still a part of this commonwealth, in all suits pending, or judg- 
ments remaining unsatisfied, on the fifteenth day of March next, where 
the suits have been commenced in Massachusetts proper, and process 
has been served within the district of Maine; or commenced in the dis- 
trict of Maine, and process has been served in Massachusetts proper, 
either by taking bail, making attachments, arresting and detaining per 
sons, or otherwise, where execution remains to be done; and in such 
suits, the courts within Massachusetts proper, and within the proposed 


YD 


38 CONSTITUTION OF 


state, shall contiuue to have the same jurisdiction as if the said district 
had still remained a part of the commonwealth. And this common- 
wealth shall have the same remedies within the proposed state as it now 
has, for the collection of all taxes, bonds, or debts, which may be as- 
sessed, due, made, or contracted, by, to, or with the commonwealth, on 
or before the said fifteenth day of March, within the said district of 
Maine ; and all officers within Massachusetts proper and the district of 
Maine shall conduct themselves accordingly. 

“ Ninth. These terms and conditions, as here set forth, when the said 
district shall become a separate and independent state, shall, ipso facto, 
be incorporated into, and become, and be a part of, any constitution, 
provisional or other, under which the government of the said proposed 
state shall, at any time hereafter, be administered ; subject, however, to 
be modified, or annulled by the agreement of the legislature of both the 
said states ; but by no other power or body whatsoever.” 

§ 6. This constitution shall be enrolled on parchment, deposited in 
the secretary’s office, and be the supreme law of the state; and printed 
copies thereof shall be prefixed to the books containing the laws of this 
state. 

Done in convention, October 29, 1819 


> 


WILLIAM KING, 
President of the Convention, 


Attest, ROBERT C. VOSE, Secretary. 


CONSTITUTION OF MASSACHUSETTS. 


1 Constitution, or frame of government, agreed upon by the dele- 
gates of the people of Massachusetts Bay, in convention, begun 
and held at Cambridge, on the first of September, 1779, and con- 
tinued, by adjournment, to the second of March, 1780. 


PREAMBLE. 


Tuer end of the institution, maintenance, and administration of go- 
vernment, is to secure the existence of the body politic, to protect it, 
and to furnish the individuals who compose it with the power of enjoy- 
ing, in safety and tranquillity, their natural rights and the blessings of 
life: and whenever these great objects are not obtained, the people have 
a right to alter the government, and to take measures necessary for their 
safety, prosperity, and happiness. 

The body politic is formed by a voluntary association of individuals. 
It.is a social compact, by which the whole people covenants with each 
citizen, and each citizen with the whole people, that all shall be governed 
‘by certain laws for the common good. It is the duty of the people, there- 
fore, in framing a constitution of government, to provide for an equitable 
mode of making laws, as well as for an impartial interpretation and a 
faithful execution of them; that every man may, at all times, find his 
security in them, 


: MASSACHUSETTS. 24 


~ We, therefore, the people of Massachusetts, acknowledging, with grate- 
ful hearts, the goodness of the Great Legislator of the Universe, in af- 
fording us, in the course of his Providence, an opportunity, deliberately 
and peaceably, without fraud, violence, or surprise, of entering into an 
- original, explicit, and solemn compact with each other; and of forming 
a new constitution of civil government, for ourselves and posterity ; and 
devoutly imploring his direction in so interesting a design, do agree upon, 
ordain, and establish, the following declaration of rights and frame of 
government, as the constitution of the commonwealth of Massachusetts 


PART I. 


A Declaration of Rights of the Inhabitants of the Commonwealth of 
Massachusetts. 


Article 1. All men are born free and equal, and have certain natural, 
essential, and unalienable rights: among which may be reckoned the 
right of enjoying and defending their lives and liberties; that of ac- 
quiring, possessing, and protecting property ; in fine, that of seeking and 

_ obtaining their safety and happiness. 
2. It is the right, as well as the duty, of all men in society, publicly, 
and at stated seasons, to worship the Supreme Being, the Great Creator 
and Preserver of the Universe. And no subject shall be hurt, molested, 
or restrained in his person, liberty, or estate, for worshipping God in the 
manner and seasons most agreeable to the dictates of his own con- 
science ; or for his religious profession or sentiments ; provided he doth 
not disturb the public peace, or obstruct others in their religious worship. 
3. As the happiness of a people, and the good order and preservation 
of civil government, essentially depend upon piety, religion, and mo- 
rality; and as these cannot be generally diffused throughout the com- 
_ munity, but by the institution of a public worship of God, and of public 
institutions in piety, religion, and morality ; therefore, to promote their 

happiness, and to secure the good order and preservation of their govern- 

ment, the people of this commonwealth have a right to invest their legis- 
lature with power to authorize and require, and the legislature shall, 
-from time to time, authorize and require, the several towns, parishes, 
_ precincts, and other bodies politic, or religious societies, to make suitable 
_ provision, at their own expense, for the institution of the public worship 
_ of God, and for the support and maintenance of public protestant teach- 
ers of piety, religion, and morality in all cases, where such provision 
| shall not be made voluntarily. 

All the people of the commonwealth have also a right to, and do, in- 
est their legislature with authority to enjoin upon all the subjects an 
ttendance upon the instructions of the public teachers, as aforesaid, at 

stated times and seasons, if there be any one whose instructions they can 
conscientiously and conveniently attend :— 

Provided, notwithstanding, that the several towns, parishes, precincts, 
and other bodies politic, or religious societies, shall, at all times, have the 
exclusive right of electing their public teachers, and of contracting with 
them for their support and maintenance. 

_ All moneys paid by the subject to the support of public worship, and 


40 ; CONSTITUTION OF 


of the public teachers aforesaid, shall, if he require it, be uniformly 
applied to the support of the public teacher or teachers of his own re- 
ligious sect or denomination, provided there be any, on whose instruction 
he attends ; otherwise it may be paid towards the support of the teacher 
or teachers of the parish or precinct in which the said moneys are 
raised. 

And every denomination of Christians, demeaning themselves peace- 
ably, and as good subjects of the commonwealth, shall be equally under 
the protection of the law; and no subordination of any sect or denomi- 
nation to another shall ever be established by law. 

4, The people of this commonwealth have the sole and exclusive 
right of governing themselves, as a free, sovereign, and independent 
state: and do, and for ever hereafter shall, exercise and enjoy every power, 
jurisdiction, and right, which is not, or may not hereafter be by them 
expressly delegated to the United States of America, in congress 
assembled. 

5. All power residing originally in the people, and being derived from 
them, the several magistrates and officers of government vested with au- 
thority, whether legislative, executive, or judicial, are their substitutes 
and agents, and are at all times accountable to them. 

6. No man, or corporation, or association of men, have any other title 
to obtain advantages, or particular and exclusive privileges, distinct from 
those of the community, than what arises from the consideration of ser- 
vices rendered to the public. And this title being, in nature, neither 
hereditary nor transmissible to children or descendants, or relations of 
blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd 
and unnatural. 

7. Government is instituted for the common good : for the protection 
safety, prosperity and happiness of the people: and not for the profit, 
honour, or private interest of any one man, family, or any one class of 
men. Therefore, the people alone have an incontestable, unalienable, 
and indefeasible right to institute government, and to reform, alter, or 
totally change the same, when their protection, safety, prosperity, and 
happiness require it. 

8. In order to prevent those who are vested with authority from be- 
coming oppressors, the people have a right, at such periods and in such 
manner as they shall establish by the frame of government, to cause 
their public officers to return to private life, and to fill up vacant places 
by certain and regular elections and appointments. 

9. All elections ought to be free: and all the inhabitants of this com- 
monwealth, having such qualifications as they shall establish by their 
frame of government, have an equal right to elect officers, and to be 
elected for public employments. 

10, Each individual of the society has a right to be protected by it, m 
the enjoyment of his life, liberty, and property, according to the standing 
laws. He is obliged, consequently, to contribute his share to the ex- 
pense of this protection ; to give his personal service, or an equivalent, 
when necessary. But no part of the property of any individual can, 
with justice, be taken from him, or applied to the public use, without his 
own consent, or that of the representative body of the people. In fine, 
the people of this commonwealth are not controllable by any other laws — 
than those to which their constitutional representative body have given 


MASSACHUSETTS. 4] 


their consent. And whenever the public exigencies require that the 
property of any individual should be appropriated to public uses, he shal 
receive a reasonable compensation therefor. 

11. Every subject of the commonwealth ought to find a certain 
remedy, by having recourse to the laws, for all injuries or wrongs which 
he may receive, in his person, property, or character. He ought to ob- 
tain right and justice freely, and without being obliged to purchase it— 
completely, and without any denial—promptly, and without delay— 
conformably to the laws. 

12, No person shall be held to answer for any crime or offence, until 
the same is fully and plainly, substantially and formally, described to 
him ; or be compelled to accuse or furnish evidence against himself, And 
every person shall have a right to produce all proofs that may be favour- 
able to him ; to meet the witnesses against him, face to face, and be 
fully heard in his defence, by himself, or his counsel, at his election. 
And no person shall be arrested, imprisoned, or despoiled or deprived of 
his property, immunities, or privileges, put out of the protection of the 
law, exiled, or deprived of his life, liberty, or estate, but by the judgment 
of his peers, or the law of the land. 

And the legislature shall not make any law that shall subject any per- 
son to a capital or infamous punishment (excepting for the government 
of the army and navy) without trial by jury. 

13. In criminal prosecutions the verification of facts, in the vicinity 
where they happen, is one of the greatest securities of the life, liberty, 
and property of the citizen. 

14, Every person has a right to be secure from all unreasonable 
searches and seizures of his person, his house, his papers, and all his 
possessions. All warrants, therefore, are contrary to this right, if the 
cause or ivundation of them be not previously supported by oath or 
affirmation ; and if the order, in a warrant to a civil officer, to make 
search in aii suspected places, or to arrest one or more suspected per- 
sons, or to seize their property, be not accompanied with a special de- 
signation of the persons, or objects of search, arrest, or seizure. And no 
warrant ouglt to be issued but in such cases, and with the formalities 
prescribed by the laws. 

15. In all controversies concerning property, and in all suits between 
two or more persons, (except in cases in which it has heretofore been 
otherwise used and practised,) the parties have a right to a trial by jury ; 
and this method of procedure shall be held sacred,—unless, in cases 
arising on the high seas, and such as relate to mariner’s wages, the 
legislature shall hereafter find it necessary to alter it. 

_ 16. The liberty of the press is essential to security of freedom in 
a state ; it ought not, therefore, to be restrained in this commonwealth. 

17. The people have a right to keep and to bear arms for the com- 
mon defence. And as, in time of peace, armies are dangerous to liberty, 
they ought not to be maintained, without the consent of the legislature : 
and the military power shall always be held in exact subordination to 
the civil authority, and be governed by it~ 

18. A frequent recurrence to the fundamental principles of the consti 
tution, and a constant adherence to those of picty, justice, moderation, 
temperance, industry, and frugality, are absolutely necessary to pre- 
serve the advantages of liberty, and to maintain a free government. The 

D2 


420 CONSTITUTION OF 


people ought, consequently, to have a particular attention to all those 
principles, in the choice of their officers and representatives, and they 
have a right to require of their lawgivers, and magistrates, an exact and 
constant observance of them, in the formation and execution of all laws 
necessary for the good administration of the commonwealth. 

19. The people have a right; in an orderly and peaceable manner, to 
assemble to consult upon the common good ; give instruccion to their 
representatives ; and to request of the legislative body, by the way of 
addresses, petitions, or remonstrances, redress of the wrongs done them 
and of the grievances they suffer. 

20. The power of suspending the laws, or the execution of the laws, 
ought never to be exercised but by the legislature ; or by authority de 
rived from it, to be exercised in such particular.cases only as the legis 
lature shall expressly provide for. 

21. The freedom of deliberation, speech, and debate, in either house 
of the legislature, is so essential to the rights of the people, that it cannot 
be the foundation of any accusation or prosecution, action or complaint, 
in any other court or place whatsoever. 

22. The legislature ought frequently to assemble, for the redress of 
grievances, for correcting, strengthening, and confirming the laws, and 
for making new laws, as the common good may require. 

23. No subsidy, charge, tax, impost, or duties, ought to be established, 
fixed, laid, or levied, under any pretext whatever, without the consent 
of the people, or their representatives in the legislature. 

24. Laws made to punish for actions done before the existence of 
such laws, and which have not been declared crimes by preceding laws, 
are unjust, oppressive, and inconsistent with the fundamental principles 
of a free government. 

25. No person ought, in any case, or in any time, to be declared 
guilty of treason or felony by the legislature. 

26. No magistrate, or court of law, shall demand excessive bail or 
sureties, impose excessive fines, or inflict cruel or unusual punish- 
ments. 

27. In time of peace, no soldier ought to be quartered in any house, - 
without the consent of the owner; and in time of war, such quarters 
ought not to be made, but by the civil magistrates, in manner ordained 
by the legislature. 

28, No person can, in any case, be subjected to law martial, or to any 
penalties or pains by virtue of that law, (except those employed in the 
army or navy, and except the militia in actual service,) but by the 
authority of the legislature. 

29. It is essential to the preservation of the rights of every individual, 
his life, liberty, property, and character, that there be an impartial inter- 
pretation of the laws, and administration of justice. It is the right of 
every citizen to be tried by judges as free, impartial, and independent, 
as the lot of humanity will admit. It is, therefore, not only the best 
policy, but for the security of the rights of the people, and of every citi- 
zen, that the judges of the supreme judicial court should hold their offices 
as long as they behave themselves weil; and that they should have ho- 
nourable salaries, ascertained and established by standing laws. 

30. In the government of this commonwealth, the legislative depart- 
ment shall never exercise the executive and judicial powers, or either of 


MASSACHUSETTS. 43 


them: the executive shall never exercise the legislative and judicial 
powers, or either of them: the judicial shall never exercise the legisla- 
tive and executive powers, or either of them: to the end that it may be. 
a government of laws, and not of men. 


PART IL. 
Frame of Government. 


The people inhabiting the territory formerly called the province of 
Massachusetts Bay, do hereby solemnly and mutually agree with each 
other to form themselves into a free, sovereign, and independent body 
» politic, or state, by the name of—The Commonwealth of Massachu- 
6etls. 


CHAPTER I.—secrion 1. 
THE LEGISLATIVE POWER. 
The General Court. 


Article 1. The department of legislation shall be formed by two 
branches, a senate and house of representatives: each of which shall 
have a negative on the other. 

The legislative body shall assemble every year, on the last Wednes- 
day of May, and at such other times as they shall judge necessary ; and 
shall dissolve and be dissolved on the day next preceding the last Wed- 
nesday in May ; and shall be styled, The General Court of Massachu- 
setts. 

2. No bill or resolve of the senate or house of representatives shall 
become a law, and have force as such, until it shall have been laid before 
the governor for his revisal: and if he, upon such revision, approve 
thereof, he shall signify his approbation by signing the same. But, if he 
have any objection to the passing of such bill or resolve, he shall return 
‘the same, together with his objections thereto, in writing, to the senate 
or house of representatives, in whichsoever the same shall have origi- 
nated; who shall enter the objections sent down by the governor, at 
large, on their records, and proceed to reconsider the said bill or resolve ; 
but if, after such reconsideration, two-thirds of the said senate or house 
of representatives shall, notwithstanding the said objections, agree to 
pass the same, it shall, together with the objections, be sent to the other 
branch of the legislature, where it shall also be ~-considered, and if ap- 
" proved by two-thirds of the members present, it 11 have the force of a 
law ; but in all such cases the votes of both houses shall be determined 
by yeas and nays: and the names of the persons voting for or against 
the said bill or resolve, shall be entered upon the public records of the 
commonwealth. 

And, in order to prevent unnecessary delays, if any bill or resolve 
shall not be returned by the governor within five days after it shall have 
been presented, the same shall have the force of a law. 

3. The general court shall for ever have full power and authority to 
erect and constitute judicatories, and courts of record, or other courts, to 
be held in the name of the commonwealth, for the hearing, trying, and 
determining of all manner of crimes, offences, pleas, processes, plaints, 
actions, matters, causes and things whatsoever, arising or happening 


44 CONSTITUTION OF 


within the commonwealth, or between or concerning persons inhabiting, 
or residing, or brought within the same ; whether the same be criminal 
or civil ; or whether the said crimes be capital or not capital, or whether 
the said pleas be real, personal, or mixed ; and for the awarding and 
making out of execution thereupon ; to which courts and judicatories- 
are hereby given and granted full power and authority, from time to 
time, to administer oaths or affirmations, for the better discovery of truth 
in any matter in controversy or depending before them. 

4, And further, full power and authority are hereby given and granted 
to the said general court, from time to time, to make, ordain, and estab- 
lish all manner of wholesome and reasonable orders, laws, statutes, and ; 
ordinances, directions, and instructions, either with penalties or without, 
(so as the same be not repugnant or contrary to this constitution, ) as 
they shall judge to be for the good and welfare of this commonwealth, 
and for the government and ordering thereof, and of the citizens of the 
same, and for the necessary support and defence of the government 
thereof; and to name and settle annually, or provide by fixed Jaws for 
the naming and settling all civil officers, within the said commonwealth, 
the election and constitution of whom are not hereafter, in this form of 
government, otherwise provided for: and to set forth the several duties, 
powers, and limits of the several civil and military officers of this com- 
monwealth, and the forms of such oaths or affirmations shall be respec- 
tively administered unto them for the execution of their several offices. 
and places, so as the same be not repugnant or contrary to this consti- 
tution ; and to impose and levy proportionable and reasonable assess- 
ments, rates, and taxes upon all the inhabitants of, and persons resident, 
and estates lying within the said commonwealth ; and also to impose 
and levy reasonable duties and excises upon any produce, goods, wares, 

.merchandises, and commodities whatsoever, brought into, produced, 
manufactured, or being within the same; to be issued and disposed of 
by warrant under the hand of the governor of this commonwealth for 
the time being, with the advice and consent of the council, for the public: 
service, in the necessary defence and support of the government of the 
said commonwealth, and the protection and preservation of the citizens 
thereof, according to such acts as are or shall be in force within the 
same. 

And while the public charges of government, or any part thereof 
shall be assessed on polls and estates in the manner that has hitherto 
been practised ; in order that such assessments may be made with equa- 
lity, there shall be a valuation of estates within the commonwealth 
taken anew once in every ten years, at the least, and as much oftener 
as the general court shall order. 


CHAPTER I.—secrion 2. 
Senate. 


Article 1. There shall be annually elected by the freeholders and 
other inhabitants of this commonwealth, qualified as in this constitution 
is provided, forty persons to be counsellors and senators for the year en- 
suing their election ; to be chosen by the inhabitants of the districts into 
which the commonwealth may from time to time be divided by the 
general court for that purpose. And the general court, in assigning the 


MASSACHUSETTS, 45 


aumbers to be elected by the representative districts, shall govern them- 
selves by the proportion of the public taxes paid by the said districts ; and 
timely make known to the inhabitants of the commonwealth, the limits 
of each district, and the numbers of counsellors and senators to be chosen 
therein : provided that the number of such districts shall be never less 
than thirteen ; and that no district be so large as to entitle the same to 
choose more than six senators. 

And the several counties in this commonwealth shall, until the gene- 
ral court shall determine it necessary to alter the said districts, be dis- 
tricts for choice of counsellors and senators, (except that the counties of 
Dukes county and Nantucket shall form one district for that purpose,) 
and shaJ! elect the following number for counsellors and senators, viz: 


SUMO. PPA. 208i 8it PORT oxs. tae ee - +. two 
es MNES Dy ro « Dukes county and 

Middlesex ............. five Nantucket ie ae 
Rlampahirei. oo. ass four Worcester sic:.. 22's. 6 a BIS 
Plymouth ............. three Cumberland........... one 
Barnstable. ..........,0ne ences sca sso ston OLE 


Bristol 232 in65 se Cthree Bérkshire?. os... o3 ss tro 


2. The senate shall be the first branch of the legislature: and the 
senators shall be chosen in the following manner, viz: There shall be a 
meeting on the first Monday in April, annually for ever, of the inhabi- 
tants of each town in the several counties of this commonwealth ; to be 
called by the selectmen, and warned in due course of law, at least seven 
days before the first Monday in April, for the purpose of electing persons 
to be senators and counsellors. And at such meetings every male in- 
habitant, of twenty-one years of age and upwards, having a freehold 

estate within the commonwealth of the annual income of three pounds, 


or any estate of the value of sixty pounds, shall have a right to give . 


in his vote for the senators for the district of which he is an inhabi- 
tant. And to remove all doubts concerning the word “ inhabitant’ 
in this constitution, every person shall be considered as an inhabitant 
(for the purpose of electing and being elected into any office or place 
within this state) in that town, district, or plantation, where he dwelleth 
or hath his home. 
The selectmen of the several towns shall preside at such meetings im- 
partially ; and shall receive the votes of all the inhabitants of such towns, 
present and qualified to vote for senators ; and shall sort and count them 
In open town mecting, and in presence of the town clerk, who shall 
make a fair record, in presence of the selectmen, and in open town meet- 
ing, of the name of every person voted for, and of the number of votes 
against his name ; and a fair copy of this record shall be attested by the 
selectmen and the town clerk, and shall be sealed up, directed to the 
secretary of the commonwealth for the time being, with a superscription, 
expressing the purports of the contents thereof, and delivered by the 
town clerk of such town to the sheriff of the county in which such town 
lies, thirty days at least before the last Wednesday in May, annually ; 
or it shall be delivered into the secretary’s office seventeen days at least 
before the said last Wednesday in May ; and the sheriff of each county 
shall deliver all such certificates by him received into the secretary’s 
oftice, seventeen days before the said last Wednesday in May. 
And the inhabitants of plantations unincorporated, (qualified as this 


. 


46 CONSTITUTION OF 


constitution provides,) who are or shall be empowered and required to 
assess taxes upon themselves, toward the support of government, shal] 
have the same privilege of voting for counsellors and senators in che 
plantations where they reside, as town inhabitants have in their respee- 
tive towns; and the plantation meetings for that purpose shall be held 
annually on the same first Monday in April, at such place in the planta- 
tions respectively as the assessors thereof shall direct; which assessors 
shall have like authority for notifying the electors, collecting and return- 
ing the votes, as the selectmen and town clerks have in their several 
towns, by this constitution ; and all other persons, living in places unin- 
corporated, (qualified as aforesaid,) who shall be assessed to the support 
of government by the assessors of an adjacent town, shall have the privi- 
lege of giving in their votes for counsellors and senators in the town 
where they shall be assessed, and be notified of the place of meeting, by 
the selectmen of the town where they shall be assessed, for that pur 
pose, accordingly. 

3. And that there may bea due convention of senators on the last 
Wednesday in May annually, the governor and five of the council, for 
the time being, shall, as soon as may be, examine the returned copies of 
such records ; and, fourteen days before the said day, he shall issue his 
summons to such persons as shall appear to be chosen by the majority 
of votes, to attend on that day and take their seats accordingly : provided, 
nevertheless, that, for the first year, the said returned copies shall be exe 
amined by the president and five of the council of the former constitution 
of government: and the said president shall, in like manner, issue his 
summons to the persons so elected, that they may take their seats as 
aforesaid. 


4, The senate shall be the final judge of the elections, returns, and 


qualifications of their own members, as pointed out in the constitution ; 
and shall, on the said last Wednesday in May, annually, determine and 
declare who are elected by each district, to be senators, by a majority of 
votes: and in case there shall not appear to be the full number of sena- 
tors returned, elected by a majority of votes for any district, the deficiency 
shall be supplied in the following manner, viz: The members of the 


house of representatives, and such senators as shall be declared elected, 


shall take the names of such persons as shall be found to have the high- 
est number of votes in such district, and not elected, amounting to twice 
the number of senators wanting, if there be so many voted for; and out 
of these shall elect, by ballot, a number of senators sufficient to fill up the 
vacancies in such district ; and in this manner all such vacancies shall be 
filled in every district of the commonwealth: and, in like manner, all 
vacancies in the senate, arising by death, removal out of the state, or 
otherwise, shall be supplied as soon as may be after such vacancies shall 
happen :— 

5. Provided, nevertheless, that no person shall be capable of being 
elected a senator, who is not seized in his own right of a freehold with- 
in this commonwealth of the value of three hundred pounds at least, or 


| 


possessed of personal estate to the value of six hundred pounds at least, 
or of hoth to the amount of the same sum; and who has not been an in- 


habitant of this commonwealth for the space of five years immediately 


preceding his election ; and at the time of his election he shall be an in-— 


habitant in the district for which he shall be chosen, 


MASSACHUSETTS. 47 


__ 6, The senate shall have power to adjourn themselves, provided such 
adjournments do not exceed two days at a time. 
7. The senate shall choose its own president, appoint its own officers, 
and determine its own rules of proceedings. 
_ 8. The senate shall be a court’ with full authority to hear and deter- 
‘mine all impeachments made by the house of representatives, against any 
officer or officers of the commonwealth, for misconduct, and maladminis- 
tration in their offices. But, previous to the trial of every impeach- 
ment, the members of the senate shall respectively be sworn, truly and 
impartially to try and determine the charge in question, according to evi- 
‘dence. ‘I'heir judgment, however, shall not extend further than to re- 
‘moval from office, and disqualification to hold or enjoy any place of hon- 
our, trust, or profit, under this commonwealth : but the party so convict- 
ed shall be; nevertheless, liable to impeachment, trial, judgment, and 
punishment, according to the laws of the land. 
9. Not less than sixteen members of the senate shall constitute a 
quorum for doing business. 


: CHAPTER I.—sercrron 3. 
House of Representatives. F 


Article 1. There shall be, in the legislature of this commmonwealth, 
a representation of the people, annually elected, and founded upon the 
principle of equality. 

2. And in order to provide for a representation of the citizens of this 
commonwealth, founded on the principles of equality, every corporate 
town containing one hundred and fifty ratable polls may elect one re- 
presentative; every corporate town containing three hundred and seventy: 
five ratable polls may elect two representatives: every corporate town 
containing six hundred ratable polls, ‘may elect three representatives 
and proceeding in that manner, making two hundred and twenty-five 
ratable polls the mean increasing number for every additional represen- 
tative : 

__ Provided, nevertheless, that each town now incorporated, not having 
one hundred and fifty ratable polls, may elect one representative. But 
ao place shall hereafter be incorporated with the privilege of electing a 
fepresentative, unless there are, within the same, one hundred and fifty 
tatable polls. 

And the house of representatives shall have power, from time to time, 
0 impose fines upon such towns as shall neglect to choose and return 
members to the same, agreeably to this constitution. 
_ The expenses of travelling to the general assembly, and returning 
iome, once in every session, and no more, shall be paid by the govern- 
‘nent, out of the public treasury, to every member who shall attend as 
seasonably as he can, in the judgment of the house, and does not depart 
vithout leave. 

| 3. Every member of the house of representatives shall be chosen by 
vritten votes ; and for one year at least next preceding his election shall 
tave been an inhabitant of, and have been seized in his own right of a 
teehold of the value of one hundred pounds within the town he shall be 
hosen to represent, or any ratable estate, to the value of two hundred 
vounds ; and he shall cease. to represent the said town immediately on his 
casing to be qualified as aforesaid. 


48 CONSTITUTION OF 


4, Every male person (being twenty-one years of age, and resident of 
any particular town in this commonwealth, for the space of one year 
next preceding) having a freehold estate within the same town, of the 
annual income of three pounds, or any estate of the value of sixty 
pounds, shall have a right to vote in the choice of a representative, or 
representatives, for the said town. 

5. The members of the house of representatives shall be chosen annu- 
ally, in the month of May, ten days, at least, before the last Wednesday 
of that month. 

6. The house of representatives shall be the grand inquest of this com- 
monwealth ; and all impeachments, made by them, shall be heard and 
tried by the senate. ; 

7. All money bills shall originate in the house of representatives : but 
the senate may propose or concur with amendments as on other bills. 

8. The house of representatives shall have power to adjourn them- 
selves; provided such adjournment shall not exceed two days at a 
time. 

9. Not less than sixty members of the house of representatives shall 
constitute a quorum for doing business. 

10. The house of representatives shall be the judge of the returns, 
elections, and qualifications of its own members, as pointed out in the 
constitution ; shall choose their own speaker ; appoint their own officers, 
and settle their rules and orders of proceeding in their own house. They 
shall have authority to punish, by imprisonment, every person (not a 
member) who shall be guilty of disrespect to the house, by any disor- 
derly or contemptuous behaviour in its presence ; or who, in the town 
where the general court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, for any thing 
said or done in the house; or who shall assault any of them therefor ; or 
who shall assault or arrest any witness or other person, ordered to at- 
tend the house in his way in going or returning ; or who shall rescue 
any person arrested by the order of the house. 

And no member of the house of representatives shall be arrested or 
held to bail on mesne process, during his going into, returning from, or 
his attending the general assembly. 

11. The senate have the same powers in the like cases; and the go- 
vernor and council shall have the same authority to punish in like 
cases: provided, that no imprisonment, on the warrant or order of the 
governor, council, senate, or house of representatives, for either of the 
above described offences, be for a term exceeding thirty days. 

And the senate and house of representatives may try and determine 
all cases where their rights and privileges are concerned, and which, by 
the constitution, they have authority to try and determine, by commit- 
tees of their own members, or in such other way as they may respec- 
tively think best. 


CHAPTER II.—secrion 1. 
EXECUTIVE POWER. 


Governor. 
Article 1, There shall be a supreme executive magistrate, who shall 


be styled the Governor of the Commonwealth of Massachusetts ; and 
«vhose title shall be, His Excellency. 


MASSACHUSETTS. 49 


2. The governor shall be chosen annually and no person shall be 
eligible to this office, unless at the time of his election he shall have 
been an inhabitant of this commonwealth for seven years next preced- 
ing; and unless he shall, at the same time, be seized, in his own right, 
of a freehold within the commonwealth of the value of one thousand 
pounds ; and unless he shall declare himself to be of the Christian re 
ligion. 

3. Those persons who shall be qualified to vote for senators and res 
presentatives, within the several towns of this commonwealth, shall, at a 
meeting to be called for that purpose, on the first Monday of April, an- 
nually, give in their votes for a governor to the selectmen, who shall 
preside at such meetings ; and the town clerk, in the presence, and with 
the assistance of the selectmen, shall, in open town meeting, sort and 
count the votes, and form a list of the persons voted for, with the num- 
ber of votes for each person, against his name: and shall make a fair 


record of the same in the town books, and a public declaration thereof . 


in the said meeting; and shall, in the presence of the inhabitants, seal 
up copies of the said lisfs, attested by him and the selectmen, and transe 
mit the same to the sheriff of the county, thirty days at least before tha 
last Wednesday in May: and the sheriff shall transmit the same to the 
secretary’s office seventeen days at least before the said last Wednesday 
in May ; or the selectmen may cause returns of the same to be made to 
the office of the secretary of the commonwealth, seventeen days at least 
before the said day ; and the secretary shall lay the same before the 
senate and house of representatives on the last Wednesday in May, to be 
by them examined: and in case of an election by a majority of all the 
votes returned, the choice shall be by them declared and published. But 
if no person shall have a majority of votes, the house of representatives 
shall, by bullot, elect two out of four persons, who had the highest num- 
ber of votes, if so many shall have been voted for : but, if otherwise, out 
of the number voted for ; and make return to the senate of the persons 
so elected ; on which the senate shall, by ballot, elect one who shall be 
declared governor. 

4, "The governor shall have authority from time to time, at his dis- 
eretion, to assemble and call together the counsellors of this common. 
wealth for the time being ; and the governor, with the said counsellors, 
or five of them at least, shall, and may from time to time, hold and keep 
a council, for the ordering and directing the affairs of the commonwealth, 
_ agreeably to the constitution and laws of the Jand. 

5. The governor, with the advice of council, shall have full power and 
authority, during the session of the general court, to adjourn or prorogue 
the same, to any time the two houses shall desire ; and to dissolve the 
same on the day next preceding the Jast Wednesday in May, and in the 
recess of the said court to prorogue the same, from time to time, not ex- 
ceeding ninety days in any one recess; and to call it together sooner 
than the time to which it may be adjourned or prorogued, if the welfare 
of the commonwealth shall require the same. And in case of any in- 
fectious distemper prevailing in the place where the said court is next, 
at any time, to convene, or any cause happening, whereby danger may 
arise to the health or lives of the members from their attendance, he 
may direct the session to be held at some other of the most convenient 
vlaces within the state. 

F 


® 


50 CONSTITUTION OF 


And the governor shall dissolve the said general court on the day next — 
preceding the last Wednesday in May. 
6. In cases of disagreement between the two houses with regard to 
the necessity, expediency, or time of adjournment, or prorogation, the 
governor, with advice of the council, shall have a right to adjourn or 
prorogue the general court, not exceeding ninety days, as he shall de- 

termine, and the public good shall require. 

7. The governor of this commonwealth, for the time being, shall be 
commander-in-chief of the army and navy, and of all the military forces 
of the state, by sea and land ; and shall have full power, by himself, or by 
any commander, or other officer or officers, from time to time, to train, 
instruct, exercise, and govern the militia and navy ; and, for the special 
defence and safety of the commonwealth, to assemble in martial array, 
and put in warlike posture, the inhabitants thereof; and to lead and con- 
duct them, and with them to encounter, repel, resist, expel, and pursue, 
by force of arms, as well by sea as by land, within or without the limits 
of this commonwealth ; and also-to kill, slay, and destroy, if necessary, 
and conquer, by all fittmg ways, enterprises, ard means whatsoever, all 
and every such person or persons, as shall at any time hereafter, in a 
hostile manner, attempt or enterprise the destruction, invasion, detriment, 
or annoyance of this commonwealth ; and to use and exercise over the — 
* army and navy, and over the militia in actual service, the law martial, 
in time of war or invasion, and also in time of rebellion, (declared by 
the legislature to exist,) as occasion shall necessarily require ; and to 
take and surprise, by all ways and means whatsoever, all and every such 
person or persons (with their ships, arms, ammunition, and goods) as 
shall, in a hostile manner, invade, or attempt the invading, conquering, 
or annoying this commonwealth: and that the governor be instrusted 
with all these and other powers incident to the offices of captain-ge- 
neral, and commander-in-chief, and admiral, to be exercised agreeably 
to the rules and regulations of the constitution, and the laws of the land, 
and not otherwise. 

Provided, that the said governor shall not, at any time hereafter, by 
virtue of any power by this constitution granted, or hereafter to be 
granted to him by the legislature, transport any of the inhabitants of 
this commonwealth, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the consent of the 
general court ; except so far as may be necessary to march or transport 
them by land or water, for the defence of such part of the state, to which 
they cannot conveniently have access. 

8. The power of pardoning offences, except such as persons may be 
convicted of before the senate by an impeachment of the house, shall be 
im the governor, by and with the advice of council; but no charter of © 
pardon, granted by the governor, with advice of the council, before con- 
viction, shall avail the party pleading’ the same, notwithstanding any 
general or particular expressions contained therein, descriptive of the 
offence or offences intended to be pardoned. 

9, All judicial officers, the attorney-general, the solicitor-general, all 
sheriffs, coroners, and registers of probate, shall be nominated and ap- 
pointed by the governor, by and with the advice and consent of the 
council ; and every such nomination shall be made by the governor, and 
made at least seven days prior to such appointment. 


MASSACHUSETTS. 51 


P ' ‘ 

10. The captains and subalterns of the militia shall be elected by the 
written votes of the train band and alarm list of their respective com- 
panies, of twenty-one years of age and upwards. The field officers of 
regiments shall be elected by the written votes of the captains and sub- 
alterns of their respective regiments. The brigadiers shall be elected, in 
like manner, by the field officers of their respective brigades. And such 
officers, so elected, shall be commissioned by the governor, who shall 
determine their rank. 

The legislature shall, by standing laws, direct the time and manner 
of convening the electors, and of collecting votes, and-of certifying to 
the governor the officers elected. 

The major-generals shall be appointed by the senate and house of re- 
presentatives, each having a negative upon the other ; and be commis- 
sioned by the governor. 

And if the electors of brigadiers, field officers, captains, or subalterns, 
shall neglect or refuse to make such elections, after being duly notified ac- 
cording to the laws of the time being, then the governor with advice of 


council shall appoint suitable persons to fill such offices. 


And no officer, duly commissioned to command in the militia, shall 
be removed from his office, but by. the address of both houses to the go- 
vernor, or by fair trial in court-martial, pursuant to the laws of the com- 
monwealth for the time being. 

The commanding officers of regiments shall appoint their adjutants 
and quartermasters : the brigadiers their brigade-majors ; and the major- 
generals their aids : and the governor shall appoint the adjutant-general. 

The governor, with advice of council, shall appoint all officers of the 
continental army, whom (by the confederation of the United States) it 


_ is provided that this commonwealth shall appoint, as also all officers of 


forts and garrisons. 
The divisions of the militia into brigades, regiments, and companies, 
made in pursuance of the militia laws now in force, shall be considered 


_as the proper divisions of the militia of this commonwealth, until the 


same shal! be altered in pursuance of some future law. 
11, No moneys shall be issued out of the treasury of this common- 
wealth, and be disposed of (except such sums as may be appropriated 


for the redemption of bills of credit or treasurer’s notes, or for the pay- 
_ ment of interest arising thereon) but by warrant, under the hand of the 


governor for the time being, with the advice and consent of the council, 
for the necessary defence and support of the commonwealth, and for the 


| protection and preservation of the inhabitants thereof, agreeably to the 
_ act and resolves of the general court. 


12. All public boards, the commissary-general, all superintending 
officers of public magazines and stores, belonging to this commonwealth, 


and all commanding officers of forts and garrisons within the same, shall, 


once in every three months, officially, and without requisition, and at 


_ other times, when required by the governor, deliver to him an account 


of all goods, stores, provisions, ammunition, cannon, with their appen- 
dages, and small arms, with their accoutrements, and of all other public 
property whatever, under their care respectively ; distinguishing the 
quantity, number, quality, and kind of each, as particular as may be ; 
together with the condition of such forts and garrisons. And the said 
commanding officer shall exhibit to the governor, when required by him, 


52 CONSTETUTION OF 


true and exact plans of such forts, and of the land and sea, harbour or 
harbours, adjacent. 

And the said boards and all public officers shall communicate to the 
governor, as soon as may be, after receiving the same, all despatches and 
intelligence of a public nature, which shall be directed to them respec- 
tively. 

13, As the public good requires that the governor should not be un- 
der the undue influence of any of the members of the general court, by 
a dependence on them for his support: that he should in all cases act 
with freedom for the benefit of the public; that he should not have his 
attention necessarily diverted from that object, to his private concerns ; 
and that he should maintain the dignity of the commonwealth, in the 
character of its chief magistrate—it is necessary that he should have an 
honourable stated salary, of a fixed and permanent value, amply sufficient 
for those purposes, and established by standing laws; and it shall be 
among the first acts of the general court, after the commencement of 
this constitution, to establish such salary by law accordingly. 

Permanent and honourable salaries shall also be established by law for 
the justices of the supreme judicial court. 

And if it shall be found that any of the salaries aforesaid, so estab- 
lished, are insufficient, they shall, from time to time, be enlarged, as tho — 
general court shall judge proper. 


CHAPTER II.—secrion 2. 
Jieutenant-governor. 


Article 1. There shall be annually elected a lieutenant-governor of the 
commonwealth of Massachusetts, whose title shall be, His Honour; and 
who shall be qualified, in point of religion, property, and residence in 
the commonwealth, in the same manner with the governor ; and the day 
and manner of his election, and the qualifications of the electors, shall 
be the same as are required in the election of a governor. The return 
of the votes for this oificer, and the declaration of his election, shall be 
in the same manner: and if no one person shall be found to have a 
majority of all the votes returned, the vacancy shall be filled by the sen- 
ate and house of representatives, in the same manner as the governor is 
to be elected, m case no one person shall have a majority of the votes 
of the people, to be governor. 

2. The governor, and, in his absence, the lieutenant-governor, shall 
be the president of the council; but shall have no vote in council; and 
the lieutenant-governor shall always be a member of the council, except 
when the chair of the governor shall be vacant. 

3. Whenever the chair of the governor shall be vacant by reason of 
his death, or absence from the commonwealth, or otherwise, the lieuten- 
ant-governor for the time being shall, during such vacancy, perform all 
the duties incumbent upon the governor, and shall have and exeicise al; 
the power and authorities which, by this constitution, the governor is 
vested with, when personally present. 


MASSACHUSETTS, 53 


CHAPTER II.—srcrron 3. 
Council, and the manner of settling elections by the Legislature. 


Article 1. There shall be a council for advising the governor in the 
executive part of government, to consist of nine persons, besides the 
sleutenant-governor, whom the governor, for the time being, shall have 
full power and authority from time to time, at his discretion to assemble 
and call together : and the governor, with the said counsellors, or five of 
them at least, shall and may, from time to time, hold and keep a council, 
for the ordering and directing the affairs of the commonwealth, accord- 
ing to the laws of the land. 

2. Nine counsellors shall be annually chosen from among the persons 
returned from the counsellors and senators, on the last Wednesday in 
May, by the joint ballot of the senators and representatives, assembled 
in one room: and in case there shall not be found, upon the first choice, 
the whole number of nine persons, who will accept a seat in the coun- 
cil, the deficiency shall be made up by the electors aforesaid, from among 
the people at large; and the number of senators left shall constitute the 
senate for the year. The seats for the persons thus elected from the 
senate, and accepting the trust, shall be vacated in the senate. 

3. The counsellors, in the civil arrangements of the commonwealth, 
shall have rank next after the lieutenant-governor. 

4. Not more than two counsellors shall be chosen out of any one 
district of this commonwealth. 

5. The resolutions and advice of the council shall be recorded in a 


_ register; and signed by the members present: and this record may be 


called for at any time by either house of the legislature ; and any member 
of the council may insert his opinion, contrary to the resolution of the 
majority. 

6. Whenever the office of governor and lieutenant-governor shall be 


vacant, by reason of death, absence, or otherwise, then the council, or 


1 


the major part of them, shall, during such vacancy, have full power and 
authority to do and to execute all and every such acts, matters, and 
things, as the governor or lieutenant-governor might or could, by virtue 


of this constitution, do or execute, if they or either of them were person- 
‘ally present. 


7. And whereas the elections appointed to be made by this constitu- 
tion, on the last Wednesday in May annually, by the two houses of the 


legislature, may not be completed on that day, the said elections may be 


adjourned from day to day until the same shall be completed. And the 
order of election shall be as follows : the vacancies in the senate, if any, 


shall first be filled up ; the governor and lieutenant-governor shall then 


be elected, provided there shall be no choice of them by the people ; and 
afterwards the two houses shall proceed to the election of the council. 


CHAPTER Il.—sxcrtron 4. 


Secretary, Treasurer, Commissary, &c. 


Article 1. The secretary, treasurer, and receiver-general, and the 
sommissary-general, notaries public, and naval officers, shall be chosen 


annually, by joint ballot of the senators and representatives, in one 


rR 


54 CONSTITUTION OF 


room ; and that the citizens of this commonwealth may be assured, fiom 
time to time, that the moneys remaining in the public treasury, upon 
the settlement and liquidation of the public accounts, are their property, 
no man shall be eligible as treasurer and receiver-general more than five 
years successively. 

9, The records of the commonwealth shall be kept in the office of the 
secretary, who may appoint his deputies, for whose conduct he shall be 
accountable; and he shall attend the governor and council, the senate 
and house of representatives, in person, or by his deputies, as they shail 
respectively require. 


CHAPTER III. 
Judiciary Power. 


Article 1. The tenure that all commission officers shall, by law, have 
in their offices, shall be expressed in their respective commissions ; all 
judicial officers, duly appointed, commissioned, and sworn, shall hold 
their offices during good behaviour; excepting such concerning whom 
there is different provision made in this constitution : Provided, never- 
theless, the governor, with consent of the council, may remove them 
upon the address of both houses of the legislature. 

®, Each branch of the legislature, as well as the governor and council, 
shall have authority to require the opinions of the justices of the su- 
preme judicial court, upon important questions of law, and upon solemn 
occasions. — 

3. In order that the people may not suffer from the long continuance 
in place of any justice of the peace, who shall fail of discharging the 
important duties of his office with ability or fidelity, all commissions of 
justices of the peace shali expire and become void in the term of seven 
years from their respective dates ; and upon the expiration of any com- 
mission, the same may, if necessary, be renewed, or another person ap- 
pointed, as shall most conduce to the well-being of the commonwealth. 

4. The judges of probates of wills, and for granting letters of ad-. 
ministration, shall hold their courts at such place or places, on fixed days, 
as the convenience of the people may require : and the legislature shall, 
from time to time hereafter, appoint such times and places: until which 
appointments, the said courts shall be holden at the times and places 
which the respective judges shall direct. 

6. All the causes of marriage, divorce, and alimony, and all appeals 
from the judges of probate, shall be heard and determined by the ge- 
vernor and council, until the legislature shall, by law, make other pro 
visions. 


* CHAPTER IV. 


Delezates to Congress. 


The Delegates of this commonwealth to the congress of the Unitea 
States shall, some time in the month of June annually, be elected by 
joint ballot of the senate and house of representatives, assembled to- 
gether in one room; to serve in congress for one year, to commence on 
the first Monday in November then next ensuing. They shall have 
commission under the hand of the governor, and the great seal of the 
commonwealth ; but may be recalled at any time within the year, and 
others chosen and commissioned in the same manner, in their stead, 


MASSACHUSETTS. BE 


CHAPTER V. 


To the University at Cambridge, and Encouragement of 
Literature, &c. 


SECTION 1.—THE UNIVERSITY. 


Article 1, Whereas our wise and pious ancestors, so early as the 
year one thousand six hundred and thirty-six, laid the foundation of 
Harvard college, in which university many persons of great eminence 
have, by the blessing of God, been initiated into those arts and sciences 
which qualified them for public employments both in church and state : 
and whereas the encouragement of arts and sciences, and all good litera- 
ture, tends to the honour of God, the advantage of the Christian religion, 
and the great benefit of this and the other United States of America, it 
is declared that the president and fellows of Harvard college in their 
corporate capacity, and their successors in that capacity, their officers and 
servants, shall have, hold, use, exercise, and enjoy, all the powers, au- 
thorities, rights, liberties, privileges, immunities, and franchises, which 
they now have, or are entitled to have, hold, use, exercise, and enjoy 
and the same are hereby ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard college, and to their successors, and to their 
officers and servants, respectively, for ever. 

2. And whereas there have been, at sundry times, by divers persons, 
gifts, grants, devises of houses, lands, tenements, goods, chattels, lega- 
cies, and conveyances, heretofore made, either to Harvard college, in 
Cambridge, in New England, or to the president and fellows of Harvard 
college, or to the said college, by some other description, under several 
charges successively—it is declared, that all the said gifts, grants, devises, 
legacies, and conveyances, are hereby for ever confirmed unto the presi- 
dent and fellows of Harvard college, and to their successors in the ca- 
pacity aforesaid, according to the true intent and meaning of the donor 
or donors, grantor and grantors, devisor or devisors. 

3, And whereas, by an act of the general court of the colony of Mas- 
sachusetts Bay, passed in the year one thousand six hundred and forty- 
two, the governor and deputy-governor, for the time being, and all the 
magistrates of that jurisdiction, were, with the president and a number of 
the clergy in the said act described, constituted the overseers of Harvard 
college: and it being necessary in this new constitution of government, 
to ascertain who shall be deemed successors to the said governor, deputy- 
governor, and magistrates, it is declared that the governor, lieutenant- 
governor, council, and senate of this commonwealth, are and shall be 
deemed their successors : who, with the president of Harvard college, for 
the time being, together with the ministers of the congregational churches 
in the towns of Cambridge, Watertown, Charlestown, Boston, Roxbury, 
and Dorcester, mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any way appertaining 
to the overseers of Harvard college : provided, that nothing herein shall 
be construed to prevent the legislature of this commonwealth from 
making such alterations in the government of the said university as shall 
be conducive to its advantage, and the interest of the republic of letters, 


56. CONSTITUTION OF 


in as full a manner as might have been done by the legislature of the 
late province of the Massachusetts Bay. 


CHAPTER V.—secrion 2. 
The Encouragement of Literature. 


Wisdom and knowledge, as well as virtue, diffused generally among 
the body of the people, being necessary for the preservation of their 
rights and liberties, and as these depend on spreading the opportunities 
and advantages of education in the various parts of the country, and 
among the different orders of the people, it shall be the duty of the legis- 
latures and magistrates, in all future periods of this commonwealth, to 
cherish the interest of literature and the sciences, and all seminaries of 
them : especially the university at Cambridge, public schools, and gram- 
mar schools in the towns ; to encourage private societies and public in- 
stitutions, by rewards, and immunities for the promotion of agriculture, 
arts, sciences, commerce, trades, manufactures, and a natural history of 
the country ; to countenance and inculcate the principles of humanity 
and general benevolence, public and private charity, industry and frugal- 
ity, honesty and punctuality in their dealings: sincerity, good humour, 
and all social affections and generous sentiments among the people. 


CHAPTER VI. 


Oaths and subscriptions ; incompatibility of, and exclusion from, 
offices ; pecuniary qualifications ; commissions ; writs; confirma- 
tion of laws ; habeas corpus ; the enacting style ; continuance of 
officers ; provision for a future revisal of the constitution, &c. 


Article 1. Any person chosen governor, or lieutenant-governor, coun- 
sellor, senator, or representative, and accepting the trust, shall, before he 
proceed to execute the duties of his place or office, take, make, and sub- 
scribe, the following declaration, viz. 

“J, A. B., do declare that I believe the Christian religion, and have a 
firm persuasion of its truth; and that I am seized and possessed, 
in my own right, of the property required by the constitution, as 
one qualification for the office or place to which I am elected.” 

And the governor, lieutenant-governor, and counsellors, shall make 
and subscribe the said declaration in the presence of the two houses of 
assembly ; and the senators and. representatives first elected under this 
constitution, before the president and five of the council of the former 
constitution ; and, for ever afterwards, before the governor and council 
for the time being. 

And every person chosen to either of the places or offices aforesaid, as 
also any person appointed or commissioned to any judicial, executive, 
military, or other office, under the government, shall, before he enter on 
the discharge of the business of his place or office, take and subscribe the 
following declaration and oaths, or affirmations, viz. 

“I, A. B., do truly and sincerely acknowledge, profess, testify, and 
declare, that the commonwealth of Massachusetts is, and of right 
ought to be, a free, sovereign, and independent state; and I do 
swear that I will bear true faith.and allegiance to the said common- 
wealth, and that I will defend the same against traitorous conspira- 


~ 


MASSACHUSETTS. 57 


cies, and all hostile attempts whatsoever: and that I do renounce 
and abjure all allegiance, subjection, and obedience to the king, 
queen, or government cf Great Britain, as ‘he case may be, and 
every other foreign power whatsoever : and that no foreign prince, 
person, prelate, state, or potentate, hath, or ought to have, any juris- 
diction, superiority, pre-eminence, authority, dispensing or other 
power, in any matter, civil, ecclesiastical, or spiritual, within this 
commonwealth, except the authority and pewer which is or may be 
vested by their constituents in the congress of the United States: 
And I do further testify and declare, that no man or body of men 
hath or can have any right to absolve or discharge me from the obli- 
gation of this oath, declaration, or affirmation; and that I do make 
this acknowledgment, profession, testimony, declaration, denial, re- 
nunciation, and abjuration heartily and truly, according to the com- 
mon meaning and acceptation of the foregoing words, without any 
equivocation, mental evasion, or secret reservation whatsoever. So 
help me God. 

“T, A. B., do solemnly swear and affirm, that I will faithfully and im- 
partially discharge and perform all the duties incumbent on me as 
—— , according to the best of my abilities and under- 
standing, agreeably to the rules and regulations of the constitution, 
and the laws of this commonwealth. So help me God.” 

Provided always, that when ary person chosen or appointed as afore- 
said shall be of the denomination of the people called Quakers, and shall 
decline taking the said oaths, he shall make his affirmation, in the fore- 
going form, and subscribe the same, omitting the words, “ J do swear,” 
“and abjure,” “ oath,” “ and abjuration,” in the first oath ; and in the 
second oath, the words “swear and,” and in each of them the words 
“so help me God ;”’ subjoining instead thereof, “‘ This I do under the 
pains and penalties of perjury.” 

And in the said oaths or affirmations shall be taken and subscribed by 
the governor, lieutenant-governor, and counsellors, before the president 


of the senate, in the presence of the two houses of assembly : and by the 


senators and representatives first elected under this constitution, before 
the president and five of the council of the former constitution ; and, for 
ever afterwards, before the governor and council for the time being ; and 
by the residue of the officers aforesaid, before such persons as, from time 
to time, shall be prescribed by the legislature. 

2. No governor, lieutenant-governor, or judge of the supreme judicial 
court, shall hold any office or place under the authority of this common- 


wealth, except such as by this constitution they are admitted to hold, 


saving that the judges of the said court may hold the offices of justices 
of the peace throughout the state; nor shall they hold any other place 
or office, or receive any pension or salary, from any other state, or gov 
ernment, or power whatever. 

No person shall be capable of holding or exercising, at the same time, 


_more than one of the following offices within this state, viz. judge of 


probate, sheriff, register of probate, or register of deeds : and never more 


_ than any two offices, which are to be held by appointment of the gov- 


ernor, or the governor and council, or the senate, or the house of repre- 
sentatives, or by election of the people of the state at large, or of the 


58 CONSTITUTION OF 


people of any county, (military officer and the office of justice of tl 
peace excepted,) shall be held by one person. 

No person holding the office of judge of the supreme judicial court 
secretary, attorney-general, solicitor-general, treasurer or receiver-gene- 
ral, judge of probate, commissary-general, president, professor, or instructor 
of Harvard college, sheriff, clerk of the house of representatives, regis- 
ter of probate, register of deeds, clerk of the supreme judicial court, clerk 
of the inferior court of common pleas, or officer of the customs, (including 
in this description naval officers,) shall at the same time have a seat in the 
senate or house of representatives ; but, their being chosen or appointed 
to, and accepting the same, shall operate as a resignation of their seat in 
the senate or house of representatives ; and the places so vacated shall be 
filled up. 

And the same rule shall take place in case any judge of the said su- 
preme judicial court, or judge of probate, shall accept a seat in council , 
or any counsellor shall accept of either of those offices or places. 

And no person shall ever be admitted to hold a seat in the legislature. 
or any office of trust or importance under the government of this common- 
wealth, who shall, in the due course of law, have been convicted of 
bribery or corruption in obtaining an election or appointment. 

3. In all cases where sums of money are mentioned in this constitu- 
tion, the value thereof shall be computed in silver, at six shillings and 
eight pence per ounce ; and it shall be in the power of the legislature 
from time to time, to increase such qualifications, as to property, of the 
persons to be elected into offices, as the circumstances of the common- 
wealth shall require. 

4, All commissions shall be in the name of the commonwealth of Mas- 
sachusetts; signed by the governor, and attested by the secretary or his 
deputy, and have the great seal of the commonwealth affixed thereto. 

5. All writs issuing out of the clerk’s office, in any of the courts of 
law, shall be in the name of the commonwealth of Massachusetts ; they 
shall be under the seal of the court from whence they issue; they shall 
bear test of the first justice of the court to which they shall be return- 
able, (who is not a party,) and be signed by the clerk of such court. 

6. All the laws which have heretofore been adopted, used, and ap- 
proved of in the province, colony, or state of Massachusetts Bay, and 
usually practised on in the courts of law, shall still remain and be in full 
force, until altered or repealed by the legislature: such parts only ex- 
cepted as are repugnant to the rights and liberties contained in this con- 
stitution, 

7. The privilege and benefit of the writ of habeas corpus shall be en- 
joyed in this commonwealth in the most free, easy, cheap, expeditious, 
and ample manner ; and shall not be suspended by the legislature, ex- 
zept upon the most urgent and pressing occasions, and for a limited time, 
not exceeding twelve months. 

8. The enacting style, in making and passing all acts, statutes, and 
laws, shall be, “ Be it enacted by the senate and house of representa- 
tives, in general court assembled, and by the authority of the same.” 

9. ‘To the end there may be no failure of justice, or danger arise to 
the commonwealth, from a change of the form of government, all offi- 
cers, civil and military, holding commissions under the government and 


MASSACHUSETTS. 59 


peop.e of Massachusetts Bay in New England, and all other officers of 
said government and people, at the time this constitution shall take | 
effect, shall have, hold, use, exercise, and enjoy, all the powers and au- 
‘thority to them granted or committed, until other persons shall be ap- 
pointed in their stead; and all courts of law shall proceed in the execu- 
tion of the business of their respective departments: and all the execu- 
tive and legislative officers, bodies, and powers, shall continue in full 
force in the enjoyment and exercise of all their trusts, employment, and 
authority, until the general court, and the supreme and executive offi- 
cers, under this constitution, are designated and invested with their re- 
spective trusts, powers, and authority. 

10. In order the more effectually to adhere to the principles of the 
constitution, and correct those violations which by any means may be 
made therein, as well as to form such alterations as from experience 
shall be found necessary, the general court which shall be in the year of 
our Lord one thousand seven hundred and ninety-five, shall issue pre- 
cepts to the selectmen of the several towns, and to the assessors of the 
unincorporated plantations, directing them to convene the qualified voters 
of their respective towns and plantations, for the purpose of collecting 
their sentiments on the necessity or expediency of revising the constitu- 
tion, in order to amendments. 

And if it shall appear, by the returns made, that two-thirds of the 
' qualified voters throughout the state, who shall assemble and vote in 
consequence of the said precepts, are in favour of such revision or amend- 
ment, the general court shall issue precepts, or direct them to be issued 
from the secretary’s office, to the several towns, to elect delegates to meet 
in convention, for the purpose aforesaid, 

The said delegates to be chosen in the same manner and proportion, 
as their representatives in the second branch of the legisiature are by 
this constitution to be chosen. 

11. This form of government shall be enrolled on parchment, and de- 
posited in the secretary’s office, and be a part of the laws of the land: 
and printed copies thereof shall be prefixed to the book containing the 
laws of this commonwealth, in all future editions of the said laws. 

JAMES BOWDOIN, President. 

Attest, Samuret Barret, Secretary. 


AMENDMENTS. 


Proclamation of Governor Brooks, of Massachusetts, announcing to the 
public the amendments lately made by the convention to the constitu- 
tion of that state, and which, being ratified by the people, now form a 
part of the constitution of the said state. 


Wueneas sundry resolutions passed the legislature on the fifth day of 
June, in the year of our Lord one thousand eight hundred and twenty- 
one, in the words following, viz. 

«« Whereas, the convention of the delegates of the people, assembled at 
Boston on the third Wednesday of November, in the year of our Lord 
one thousand eight hundred and twenty, for the purpose of revising and 
amending the constitution of the commonwealth pursuant to an act of 


60 CONSTITUTION OF 


the Paton! court, passed on the sixteenth day of June, in the year afore- 
said, submitted certain articles of amendment of the constitution to the 
people, for their ratification and adoption ; and whereas it appears by a 
certificate of the committee of the said convention, that the following ar- 
ticles of amendment, so submitted, as aforesaid, have been ratified and 
adopted by the people, in the manner directed by the said convention, 
and have thereby become a part of the constitution of this common- 
wealth, to wit: 

Article 1. If any bill or resolve shall be objected to, and not approved 
of by the governor; and if the general court shall adjourn within five 
days after the same shall have been laid before the governor for his ap- 
probation, and thereby prevent his returning it, with his objections, as 
provided by the constitution ; such bill or resolve shall not become a law, 
nor have force as such. 

Art, 2. The general court shall have full power and authority to erect 
or constitute municipal or city governments in any corporate town or 
towns, in this commonwealth, and to grant to the inhabitants thereof 
such powers, privileges, and immunities, not repugnant to the constitu- 
tion, as the general court shall deem necessary or expedient, for the 
reculation and government thereof, and to prescribe the manner of calling 
and holding public meetings of the inhabitants in wards, or otherwise, 
for the election of officers, under the constitution, and the manner of © 
returning the votes given at such meetings: provided, that no such go- 
vernment shall be erected or constituted in any town not containing 
twelve thousand inhabitants, nor unless it be with the consent, and on the 
application of a majority of the inhabitants of such town, present and 
voting thereon, pursuant to a vote at a meeting duly warned and holden 
for that purpose : and provided, also, that all by-laws, made by such mu- 
nicipal or city government, shall be subject, at all times, to be annulled 
by the general court. 

Art. 3. Every male citizen of twenty-one years of age, and upwards, 
(excepting paupers and persons under guardianship,) who shall have 
resided within the commonwealth one year, and within the town or 
district, in which he may claim a right to vote, six calendar months 
next preceding any election of governor, lieutenant-governor, senators, 
representatives, and who shall have paid, by himself or his parent, mas- 
ter or guardian, any state or county tax, which shall, within two years 
next preceding such election, have been assessed upon him, in any town 
or district of this commonwealth ; and also every citizen, who shall be 
by law exempt from taxation, and who shall be in all other respects 
qualified as above mentioned, shall have a right to vote in such election 
of governor, and lieutenant-governor, senators, and representatives; and 
no other person shall be entitled to a vote in such election. 

Art. 4. Notaries public shall be appointed by the governor, in the 
same manner as judicial oflicers are appointed, and shall hold their 
offices during seven years, unless sooner removed by the governor, with 
the consent of the council, and upon the address of both houses of the 
tegislature. 

In case the office of secretary or treasurer of the commonwealth shall 
become vacant from any cause, during the recess of the general court, 
the governor, with the consent of the council, shall nominate and 
appoint, under such regulations as may be prescribed by law, a com 


MASSACHUSETTS. 61 


petent and suitable person to such vacant office, who shall hold the same 


_until a successor shall be appointed by the general court. 


Whenever the exigencies of the commonwealth shall require the ap- 
pointment of a commissary-general, he shall be nominated, appointed, 
and commissioned, in such manner as the legislature may, by law, 
prescribe. 

Ail officers commissioned to command in the militia, may be removed 
from office in such manner as the legislature may, by law, prescribe. 

Art. 5. In the election of captains and subalterns of the militia, all 
the members of their respective companies, as well those under, as» 
those above the age of twenty-one years, shall have a right to vote. 

Art. 6, Instead of the oath of allegiance, prescribed by the constitu- 
tion, the following vath shall be taken and subscribed by every person 
chosen or appointed to any office, civil or military, under the govern- 
ment of this commonwealth, before he shall enter upon the duties of his 
office, to wit: 

“TJ, A. B., do solemnly swear, that I will bear true faith and allegiance 
to the commonwealth of Massachusetts, and will support the constitution 
thereof. So help me God.” 

Provided, that when any person shall be of the denomination called 
Quakers, and shall decline taking said oath, he shall make his affirma- 
tion in the foregoing form, omitting the word “swear,” and inserting, 
instead thereof, the word “ affirm,” and omitting the words “ so help ire 
God,” and subjoining, instead thereof, the words “this I do under the 
pains and penalties of perjury.” 

Art. 7. No oath, declaration, or subscription, excepting the oath pre- 
scribed in the preceding article, and the oath of office, shall be required 
of the governor, lieutenant-governor, counsellors, senators, or represen- 
tatives, to qualify them to perform the duties of their respective offices. 

Art. 8. No judge of any court of this commonwealth, (except the 
court of sessions,) and no person holding any office under the authority 
of the United States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or counsellor, or have 
a seat in the senate or house of representatives of this commonwealth ; 
and no judge of any court in this commonwealth, (except the court of 
sessions,) nor the attorney-general, solicitor-general, county attorney, 
clerk of any court, sheriff, treasurer, and receiver-general, register of 
probate, nor register of deeds, shall continue to hold his said office after 
being elected a member of the congress of the United States, and ac- 
cepting that trust; but the acceptance of such trust, by any of the 
officers aforesaid, shall be deemed and taken to be a resignation of his 
said office; and judges of the courts of common pleas shall hold no 
other office, under the government of this commonwealth, the office of 
the justice of the peace and militia officers excepted. 

Art. 9, If, at any time hereafter, any specific and particular amend- 
ment or amendments to the constitution be proposed in the general 
court, and agreed to by a majority of the senators, and two-thirds of the 
members of the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered on the jour- 
nals of the two houses, with the yeas and nays taken thereon, and re- 
ferred to the general court then next to be chosen, and shall be pub- 
lished ; and if in the general court then next chosen, as aforesaid, such 

a 


62 CONSTITUTION OF 


proposed amendment or amendments shall be agrecd to by a majority of 
the senators and two-thirds of the members of the house of representa- 
tives present and voting thereon ; then it shall be the duty of the general 
court to submit such proposed amendment or amendments to the 
people; and if they shall be approved and ratified by a majority of the 
qualified voters voung thereon, at meetings legally warned and holden 
for that purpose, they shall become part of the constitution of this 
commonwealth. 

Resolved, That the above recited articles of amendment, shall be 
enrolled on parchment, and deposited in the secretary’s office, as a part 
of the constitution and fundamental laws of this commonwealth, and 
published in immediate connexion therewith, in all future editions of 
the laws of this commonwealth, printed by public authority. And in 
order that the said amendments may be promulgated and made known 
to the people of this commonwealth without delay, it is further 

Resolved, That his excellency, the governor, be, and he hereby is 
authorized and requested to issue his proclamation, reciting the articles 
aforesaid; announcing that the same have been duly adopted and ra- 
tified by the people of this commonwealth, and become a part of the 
constitution thereof; and requiring all magistrates, officers, civil and 
military, and all the citizens of this commonwealth, to take notice thereof, 
and govern themselves accordingly.” 

Now, therefore, I, John Brooks, governor of the commonwealth of 
Massachusetts, by virtue of the authority to me given by the resolution 
last above written, do issue this my proclamation, and I do hereby an- 
nounce, that the several articles aforesaid have been duly ratified and 
adopted by the people of this commonwealth, and have become a part 
of the constitution thereof. And all magistrates, officers, civil and mili- 
tary, and all the citizens of the commonwealth, are required to take 
notice thereof, and govern themselves accordingly. 

Given at the council chamber, in Boston, the day and year first above 
written, and in the forty-fifth year of the independence of the United 


States. JOHN BROOKS. 
By his Excellency the Governor, 


A Atpen Braprorp, Secretary. 
God save the commonwealth of Massachusetts ! - 


CONSTITUTION OF NEW HAMPSHIRE. 


The Constitution of New Hampshire, as altered and amended by a 
convention of delegates held at Concord, in said state, by adjourn- 
ment, on the second Wednesday of February, 1792. 


PART I. 
BILL OF RIGHTS. 
Articre 1, All men are born equally free and independent: There 
fore, all government, of right, originates from the people, is founded in 
consent, and instituted for the general good. 


NEW HAMPSHIRE. 63 


2. All men have certain natural, essential, and inherent rights— 
among which are, the enjoying and defending life and liberty, acquiring, 
possessing, and protecting property ; and, in a word, of seeking and ob- 
taining happiness. / 

3. When men enter into a state of society, they surrender up some 
of their natural rights to that society, in order to ensure the protectior 
of others ; and without such an equivalent the surrender is void. 

4, Among the natural rights, some are in their very nature unalien 
able, because no equivalent can be given or received for them. Of thi 
kind are the rights of conscience. 

5.. Every individual has a natural and unalienable right to worship 
God according to the dictates of his own conscience, and reason: and 
no person shall be hurt, molested, or restrained in his person, liberty, or 
estate, for worshipping God in the manner most agreeable to the dic- 
tates of his own conscience, or for his religious profession, sentiments, 
or persuasion; provided he doth not disturb the public peace, or disturb 
others in their religious worship. 

6. As morality and piety, rightly grounded on evangelical principles, 
will give the best and greatest security to government, and will lay, in 
the hearts of men, the strongest obligations to due subjection; and as 
the knowledge of these is most likely to be propagated through a society 
by the institution of the public worship of the Deity, and of public in- 
struction in morality and religion ; therefore, to promote these important 
purposes, the people of this state have a right to empower, and do here- 
by fully empower, the legislature, to authorize, from time to time, the 
several towns, parishes, bodies corporate, or religious societies, within 
this state, to make adequate provision, at their own expense, for the 
support and maintenance of public protestant teachers of piety, religion, 
and morality : 

Provided, notwithstanding, That the several towns, parishes, bodies 
corporate, or religious societies, shall at all times have the exclusive 
right of electing their own public teachers, and of contracting with them 
for their support and maintenance: And no person, of any one particu- 
lar religious sect or denomination, shall ever be compelled to pay to- 
wards the support of the teacher or teachers of another persuasion, sect, 
or denomination. 

And every denomination of Christians, demeaning themselves quietly, 
and as good citizens of the state, shall be equally under the protection of 
the law: and no subordination of any one sect or denomination to an- 
other, shall ever be established by law. 

And nothing herein shall be understood to affect any former contracts 
made for the support of the ministry ; but all such contracts shall re- 
main, and be in the same state, as if this constitution had not been 
made. 

7. The people of this state have the sole and exclusive right of go- 
verning themseives as a free, sovereign, and independent state ; and do, 
and for ever hereafter shall, exercise and enjoy every power, jurisdiction, 
and right, pertaining thereto, which is not, or may not hereafter be, by 
them expressly delegated to the United States of America in congress 
assembled. 

8. All power residing originally in, and being derived from the peo- 


64 CONSTITUTION OF 


ple, all the magistrates and officers of government are their substitutes 
and agents, and at all times accountable to them. 

9. No officer or place whatsoever, in government, shall be hereditary 
—the ability and integrity requisite in all not being transmissible to 
posterity or relations. 

10. Government being instituted for the common benefit, protection, 
and security of the whole community, and not for the private interest 
or emolument of any one man, family, or class of men; therefore, 
whenever the ends of the government are perverted, or public liberty 
manifestly endangered, and all other means of redress are ineffectual, 
the people may, and of right ought to, reform the old, or establish a 
new government. The doctrine of non-resistance against arbitrary 
power and oppression, is absurd, slavish, and destructive of the good 
and happiness of mankind. 

11. All elections ought to be free, and every inhabitant of the state, 
having the proper qualifications, hasan equal right to elect, and be elect- 
ed, into office. 

12, Every member of the community has a right to be protected by 
it, in the enjoyment of his life, liberty, and property; he is therefore 
bound to contribute his share to the expense of such protection, and to 
yield his personal service when necessary, or an equivalent. But no 
part of a man’s property shall be taken from him, or applied to pubhe 
uses, without his own consent, or that of the representative body of the 
people. Nor are the inhabitants of this state controllable by any other 
laws than those to which they, or their representative body, have given 
their consent. 

13. No person who is conscientiously scrupulous about the lawful- 
ness of bearing arms, shall be compelled thereto, provided he will pay 
an equivalent. 

14, Every citizen of this state is entitled to a certain remedy, by having 
recourse to the laws, for all injuries he may receive in his person, pro- 
perty, or character; to obtain right and justice freely, without being 
obliged to purchase it; completely, and without denial, promptly, and 
without delay, conformable to the laws. 3 

15. No person shall be held to answer for any crime or offence, until 
the same is fully and plainly, substantially, and formally, described to 
him: nor be compelled to accuse or furnish evidence against himself. 
And every person shall have a right to produce all proofs that may be 
favourable to himself; to meet the witnesses against him face to face ; and 
to be fully heard in his defence, by himself and counsel. And no per- 
son shall be arrested, imprisoned, despoiled, or deprived of his property, 
immunities, or privileges, put out of the protection of the law, exiled, 
or deprived of his life, liberty, or estate, but by the judgment of his 
peers, or the law of the land. 

16, No person shall be liable to be tried, after an acquittal, for the 
same crime or offence. Nor shall the legislature make any law that 
shall subject any person to a capital punishment, (excepting for the go- 
vernment of the army and navy, and the militia in actual service,) with- 
out trial by jury. 

17. In criminal prosecutions, the trial of facts, in the vicinity where 
they happen, is so essential to the security of the life, liberty, and estate, 


NEW HAMPSHIRE. 65 


uf the citizens, that no crime or offence ought to be tried in any other 
county than that in which it is committed, except in cases of general 
insurrection in any particular county, when it shall appear to the judges 
of the superior courts that an impartial trial cannot be had in the county 
where the offence may be committed, and upon their report the legisla- 


ture shall think proper to direct the trial in the nearest county in which 


an impartial trial can be obtained. 
18. All penalties ought to be proportioned to the nature of the of- 


- fence. No wise legislature will affix the same punishment to the crimes 


of theft, forgery, and the like, which they do to those of murder and 
treason. Where the same undistinguished severity is exerted against 
all offences, the people are led to forget the real distinction in the crimes 


_ themselves, and to commit the most flagrant with as little compunction 


as they do the lightest offences. For the same reason, a multitude of 
sanguinary laws is both impolitic and unjust. The true design of all 
punishments being to reform, not to exterminate, mankind. 

19, Every person hath a right to be secure from all unreasonable 
searches and seizures of his person, his houses, his papers, and all his 
possessions. ‘Therefore, all warrants to search suspected places, or ar- 


rest a person for examination or trial, in prosecution for criminal mat- 
ters, are contrary to this right, if the cause or foundation of them be not 


previously supported by oath or affirmation ; and if the order in a war- 
rant of a civil officer, to make search in suspected places, or to arrest one 
or more suspected persons, or to seize their property, be not accompanied 


with a special designation of the persons or objects of search, arrest, or 


seizure ; and no warrant ought to be issued, but in cases, and with the 
formalities, prescribed by law. 

20. In all controversies concerning property, and in all suits between 
two or more persons, excepting in cases wherein it hath been heretofore 
otherwise used and practised, the parties have a right to a trial by jury ; 
and this right shall be deemed sacred and inviolable ; but the legislature 
may, by the constitution, be empowered to make such regulations as 


_ will prevent parties from having as many trials by jury, in the sarae 


suit or action, as hath been heretofore allowed and practised, and to 
extend the civil jurisdiction of justices of the peace to the trials of suits 
where the sum demanded in damages doth not exceed four pounds, 
saving the right of appeal to either party. But no such regulations 


shall take away the right of trial by jury, in any case not in this article 


before excepted, unless in cases respecting mariners’ wages. 
21. In order to reap the fullest advantage of the inestimable privilege 
of the trial by jury, great care ought to be taken that none but qualified 


_ persons should be appointed to serve ; and such ought to be fully com- 
_ pensated for their travel, time, and attendance. 


22. The liberty of the press is essential to the security of freedom in 
a state; it ought, therefore, to be inviolably preserved. 

23. Retrospective laws are highly injurious, oppressive, and unjust. 
No such laws, therefore, should be made, either for the decision of civil 


| causes, or the punishment of offences. 


24. A well regulated militia is the proper, natural, and sure defence of 


. astate. 


25, Standing armies are dangerous to liberty, and ought not to be 


. raised, or kept up, without the consent of the legislature. 


5 aes 


66 CONSTITUTION OF 


26. In all cases, and at all times, the military ought to be under strict’ 


subordination to, and governed by the civil power. 
27. No soldier, in time of peace, shall be quartered in any house, 
without the consent of the owner; and in time of war, such quarters 


ought not to be made but by the civil magistrate, in a manner ordained 


by the legislature. 


28. No subsidy, charge, tax, impost, or duty shall be established, fixed - 


laid, or levied, under any pretext whatsoever, without the consent of the 
people, or their representatives in the legislature, or authority derived 
from that body. 


29. The power of suspending the laws, or the execution of them, ought 


never to be exercised but by the legislature, or by authority derived 
therefrom, to be exercised in such particular cases only as the legislature 
shall expressly provide for. 


30. The freedom of deliberation, speech, and debate, in either house’ 
of the legislature, is so essential to the rights of the people, that it can-. 


not be the foundation of any action, complaint, or prosecution, in any 
other court or place whatsoever. 

31. The legislature shall assemble for the redress of public gr‘ev- 
ances, and for making such laws as the public good may require. 

32. The people have a right, in an orderly and peaceable manner, to 
assemble and consult upon the public good, give instructions to their 
representatives, and to request of the legislative body, by way of petition 
or remonstrance, redress of the wrongs done them, and of the grievances 


they suffer. 


33. No magistrate or court of law shall eo aiaidl excessive bail or - 


sureties, impose excessive fines, or inflict cruel or unusual punish- 
ments. 

- 34. No person can, in any case, be subjected to law martial, or to any 
pains or penalties by virtue of that law, except those employed in the 
army or navy, and except the militia in actual service, but by authority 
of the legislature. 

35. It is essential to the preservation of the rights of every individual, 
his life, liberty, property, and character, that there be an impartial inter- 
pretation of the laws and administration of justice. It is the right of 
every citizen to be tried by judges as impartial as the lot of humanity 
will admit. It is therefore not only the best policy, but for the security 
of the rights of the people, that the judges of the supreme judicial court 
should hold their offices so long as they behave well ; subject, however, 
to such limitations, on account of age, as may be provided by the consti- 
tution of the state : and that they should have honourable salaries, ascer- 
tained and established by standing laws. 

36. Economy being a most essential virtue in all states, especially in 
a young one, no pension shall be granted but in consideration of actual 
services ; and such pensions ought to be granted with great caution by 
the legislature, and never for more than one year at a time. 

37. In the government of this state, the three essential powers thereof, 
to wit, the legislative, executive, and judicial, ought to be kept as sepa- 
rate from; and independent of, each other, as the nature of a free govern- 
ment will admit, or as is consistent with that chain of connexion that 


binds the whole ba bili of the constitution in one indissoluble bond of 


snity and amity. 


a 


NEW HAMPSHIRE. 67 


38. A frequent recurrence to the fundamental principles of the con- 
stitution, and a constant adherence to justice, moderation, temperance, 
industry, frugality, and all the social virtues, are indispensably necessary 
to preserve the blessings of liberty and good government; the people 
ought, therefore, to have a particular regard to all those principles in the 
choice of their officers cad representatives : And they have a right to re- 


| quire of their lawgivers and magistrates an exact and constant observance 


of them in the formation and execution of the laws necessary for the good 
administration of the government. 


PART II. 


Form of Government. : 


"The people inhabiting the territory formerly called the province of 


_ New Hampshire, do hereby solemnly and mutually agree with each 
_ other to form themselves into a free, sovereign, and independent body 
| politic, or state, by the name of the State of New Hampshire. 


General Court. 


The supreme legislative power, within this state, shall be vested in the 
senate and house of representatives, each of which shall have a negative 


on the other. 


The senate and house shall assemble every year on the first Wednes- 
day in June—and at such other times as they may judge necessary ; 
and shall dissolve, and be dissolved, seven days next preceding the said 
first Wednesday in June; and shall be styled The General Court of 


. New Hampshire. 


The general court shall for ever have full power and authority to 
erect and constitute judicatories and courts of record, or other courts, to 
be holden in the name of the state, for the hearing, trying, and deter- 
mining all manner of crimes, offences, pleas, processes, plaints, actions, 
causes, matters, and things whatsoever, arising or happening within this 
state, or between or concerning persons inhabiting or residing, or 
brought within the same, whether the same be criminal or civil, or 
whether the crimes be capital or not capital, and whether the said pleas 
be real, personal, or mixed; and for awarding and issuing execution 


thereon. ‘To which courts and judicatories, are hereby given and 
_ granted, full power and authority, from time to time, to administer oaths 
_ or affirmations, for the better discovery of truth in any matter in contro- 


versy, or depending before them. 

And farther, full power and authority are hereby given and grant 
to the said general court, from time to time, to make, ordain, and estab- 
lish all manner of wholesome and reasonable orders, laws, statutes, ordi- 
nances, directions, and instructions, either with penalties or without, so 
as the same be not repugnant or contrary to this constitution, as they 
may judge for the benefit and welfare of this state, and for the governing 


_ and ordering thereof, and of the citizens of the same, for the necessary 


support and defence of the government thereof; and to name and settle 
annually, or provide by fixed laws for the naming and settling all civil 
officers within this state ; such officers excepted, the election and ap- 
pointment of whom are hereafter in this form of government otherwise 


68 CONSTITUTION OF 


provided for ; and to set forth the several duties, powers, and limits of 
the several civil and military officers of this state, and the forms of such 
oaths or affirmations as shall be respectively administered unto them, for 
the execution of their several offices and places, so as the same be not 
repugnant or contrary to this constitution; and also to impose fines, 
mulcts, imprisonments, and other punishments ; and to impose and levy 
proportional and reasonable assessments, rates, and taxes upon all the 
inhabitants of, and residents within, the said state ; and upon all estates 
within the same; to be issued and disposed of by warrant, under the 
hand of the governor of this state for the time being, with the advice 
and consent of the council, for the public service, in the necessary de- 
fence and support of the government of this state, and the protection and 
preservation of the citizens thereof, according to such arts as are, or 
shall be, in force ‘within the same. © 
_ And while the public charges of government, or any part thereof, 
shall be assessed on polls and estates in the manner that has been here. 
tofore practised, in order that such assessments may be made with equal- 
ity, there shall be a valuation of the estates, within the state, taken 
anew once in every five years at least, and as much oftener as the gene- 
ral court shall order. 

No member of the general court shall take fees, be of counsel or act 
as advocate, in any cause before either branch of the legislature ; and 


upon due proof thereof, such member shall forfeit his seat in the legis- 


lature. 


The doors of the galleries of each house of the legislature shall be kept 
open to all persons who behave decently, except when the welfare of the 
state, in the opinion of either branch, shall require secrecy. 


Senate. 


The senate shall consist of twelve members, who shall hold their 
offices for one year, from the first Wednesday in June next ensuing their 
election. 

And that the state may be equally represented in the senate, the legis- 
lature shall, from time to time, divide the state into twelve districts, as 
nearly equal as may be without dividing towns and unincorporated 
places ; and in making this division, they shall govern themselves by 
the proportion of public taxes paid by the said districts, and timely make 
known to the inhabitants of the state the limits of each district. 

The freeholders and other inhabitants of each district, qualified as in 
this constitution is provided, shall annually give in their votes for a sena- 
tor, at some meeting holden in the month of March. 

The senate shall be the first branch of the legislature: and the sena- 
tors shall be chosen in the following manner, viz. Every male inhabitant 
of each town, and parish with town privileges, and places unincorpo- 
rated, in this state, of twenty-one years of age and upwards, excepting 
paupers, and persons excused from paying taxes at their own request, 
shall have a right at the annual or other meetings of the inhabitants of 
said towns and parishes, to be duly warned and holden annually for 
ever in the month of March, to vote in the town or parish wherein he 
dwells, for the senators of the county or district whereof he is a meme 
ber. 


Provided, nevertheless, That no person shall be capable of being 


| 


NEW HAMPSAIRE. 69 


elected a senator, who is not seized of a freehold estate, in his own right, 
of the value of two hundred pounds, lying within this state, who is not 


| 
1 


‘of the age of thirty years, and who shall not have been an inhabitant 
of this state for seven years immediately preceding his election, and at 
the time thereof he shall be an inhabitant of the district for which he 
shall be chosen. 

_ And every person, qualified as the constitution provides, shall be con- 
sidered an inhabitant for the purpose of electing and being elected into | 
any office or place within this state, in the town, parish, and plantation 
_ where he dwelieth, and hath his home. 

_ And the inhabitants of plantations and places unincorporated, quali- 
fied as this constitution provides, who are or shall be required to assess 
taxes upon themselves towards the support of government, or shall be 
taxed therefor, shall have the same privilege of voting for senators in the 
plantations and places wherein they reside, as the inhabitants of the 
“respective towns and parishes aforesaid have. And the meeting of such 
plantations and places for that purpose shall be holden annually, in the 
month of March, at such places respectively therein as the assessors 
| thereof shall direct ; which assessors shall have like authority for noti- 
_ fying the electors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns by this constitution. 

_ The meetings for the choice of governor, council, and senators shall be 


warned, by warrant, from the selectmen, and governed by a moderator, 
who shall, in the presence of the selectmen, (whose duty it shall be to 
_attend,) in open meeting, receive the votes of all the inhabitants of such 
 townis and parishes present, and qualified to vote for senators ; and shall, 
‘in said meetings, in presence of the said selectmen, and of the town 
clerk, in said meeting, sort and count the said votes, and make a public 
declaration thereof, with the name of every person voted for, and the 
number of votes for each person: and the town clerk shall make a fair 
record of the same at large, in the town book, and shall make out a fair 
attested copy thereof, to be by him sealed up, and directed to the secre- 
tary of the state, with a superscription, expressing the purport thereof : 
and the said town clerk shall cause such attested copy to be delivered to 
the sheriff of the county in which such town or parish shall lie, forty 
| days at least before the first Wednesday in June ; or to the secretary of 
the state at least thirty days before the said first Wednesday in June, 
and the sheriff of each county, or his deputy, shall deliver all such cer- 
| tifieates by him received, into the secretary’s office, at least thirty days 
before the first Wednesday in June. 
And that there may be a due meeting of senators on the first Wed- 
- nesday in June annually, the governor and the majority of the council 
| for the time being, shall, as soon as may be, examine the returned copies 
_ of such records, and, fourteen days before the said first Wednesday in 
| June, he shall issue his summons to such persons as appear to be chosen 
senators by a majority of votes, to attend and take their seats on that 
lay. 
Provided, nevertheless, That for the first year, the said returned co- 
pies shall be examined by the president and a majority of the council 
then in office: And the said president shall, in like manner, notify the 
persons elected, to attend and take their seats accordingly. 
And in case there shall not appear to be a senator elected by a majo- 


70 CONSTITUTION OF 


rity of votes, for any district, the deficiency shall be supplied in the fol- 
lowing manner, viz. The members of the house of representatives, and 
such senators as shall be declared elected, shall take the names of the 
two persons having the highest number of votes in the district, and out 
of them shall elect by joint ballot the senator wanted for such district ; 
and in this manner all such vacancies shall be filled up.in every district 
of the state ; and in like manner all vacancies in the senate, arising by 
death, removal out of the state, or otherwise, shall be supplied as soon as 
may be after such vacancies happen. 

The senate shall be final judges of the elections, returns, and qualifi- 
cations of their own members, as pointed out in this constitution. 

The senate shall have power to adjourn themselves, provided such 
adjournment do not exceed two days at a time. 

Provided, nevertheless, 'That whenever they shall sit on the trial of 
any impeachment, they may adjourn to such time and place as they 
may think proper, although the legislature be not assembled on such day 
or at such place. 

The senate shall appoint their president and other officers, and deter- 
mine their own rules of proceedings : and not less than seven members 
of this senate shall make a quorum for doing business: and when Iess 
than eight senators shall be present, the assent of five at least shall be 
necessary to render their acts and proceedings valid. 

The senate shall be a court, with full power and authority to hear, 
try, and determine, all impeachments made by the house of representa- 
tives against any officer or officers of the state, for bribery, corruption, 
malpractice, or maladministration, in office: with full power to issue 
summons, or compulsory process, for convening witnesses before them, 
with all necessary powers incident to a court of trials; but, previous to 
the trial of any such impeachment, the members of the senate shall be 
respectively sworn truly and impartially to try and determine the charge 
and question, according to evidence. And every officer, impeached for 
vribery, corruption, malpractice, or maladministration in office, shall be 
served with an attested copy of the impeachment, and order of the senate 
thereon, with such citation as the senate may direct, setting forth the 
time and place of their sitting to try the impeachment; which service 
shall be made by the sheriff, or such other sworn officer as the senate 
may appoint, at least fourteen days previous to the time of trial; and. 
such citation being duly served and returned, the senate may proceed in 
hearing of the impeachment, giving the person impeached, if he shall 
appear, full liberty of producing witnesses and proofs, and of making 
his defence, by himself and counsel; and may, also, upon his refusing 
or neglecting to appear, hear the proofs in support of the impeachment, 
and render judgment thereon, his nonappearance notwithstanding ; and 
such judgment shall have the same force and effect as if the person im- 
peached had appeared and pleaded in the trial. Their judgment, how- 
ever, shall not extend further than removal from office, disqualification 
to hold or enjoy any place of honour, trust, or profit under this state ; 
but the party so convicted shall nevertheless be liable to indictment, 
trial, judgment, and punishment according to the laws of the land. 

Whenever the governor shall be impeached, the chief justice of the 
supreme judicial court shall, during the trial, preside in the senate, but 
have no vote therein, 


NEW HAMPSHIRE, 71 


House of Representatives. 


_ There shall be, in the legislature of this state, a representation of the 
, beople, annually elected, and founded upon principles of equality ; and 
in order that such representation may be as equal as circumstances will 
admit, every town, parish, or place, entitled to town privileges, having 
one hundred and fifty ratable male polls, of twenty-one years of age, 
and upwards, may elect one representative: if four hundred and fifty 
‘ratable male polls, may elect two representatives ; and so proceeding, in 
_ that proportion, make three hundred such ratable polls, the mean of in- 
creasing number, for every additional representative. 
. Such towns, parishes, or places, as have less than one hundred and 
fifty ratable polls, shall be classed by the gencral assembly, for the pur- 
“pose of choosing a representative, and seasonably notified thereof. And 
in every class formed for the above-mentioned purpose, the first annual 
meeting shall be held in the town, parish, or place wherein most of the 
-Yatable polls reside; and afterwards in that which has the next highest 
“number; and so on, annually, by rotation, through the several towns, 
parishes, or places forming the district. 
Whenever any town, parish, or place, entitled to town privileges, as 
‘aforesaid, shall not have one hundred and fifty ratable polls, and be so 
‘situated as to render the classing thereof with any other town, parish, 
‘or place very inconvenient ; the general assembly may, upon application 
of a majority of the votes of such town, parish, or place, issue a writ 
| for their selecting and sending a representative to the general court. 
__ The members of the house of representatives shall be chosen annually, 
‘in the month of March, and shall be the second branch of the legisla- 
ture. 
All persons qualified to vote in the election of senators shall be entitled 
to vote, within the district where they dwell, in the choice of representa- 
tives. Every member of the house of representatives shall be chosen by 
‘allot ; and for two years at least next preceding his election, shall have 
‘been an inhabitant of this state ; shall have an estate within the district 
‘which he may be chosen to represent, of the value of one hundred 
pounds, one-half of which to be a freehold, whereof he is seized in his 
own right; shall be, at the time of his election, an inhabitant of the 
district he may be chosen to represent, and shall cease to represent such 
district immediately on his ceasing to be qualified as aforesaid. 
__ The members of both houses of the legislature shall be compensated 
for their services out of the treasury of the state, by a law made for that 
purpose ; such members attending seasonably, and not departing without 
license. All intermediate vacancies, in the house of representatives, 
may be filled up from time to time, in the same manner as annual elec- 
tions are made. 

The house of representatives shall be the grand inquest of the state ; 
‘and all impeachments made by them shall be heard and tried by the 
senate. 

All money-bills shall originate in the house of representatives ; but 

he senate may propose or concur with amendments, as on other bills. 

_ The house of representatives shall have the power to adjourn them 
‘selves, but no longer than two days at a time. 

A majority of the members of the house of representatives shall be 


72 CONSTITUTION OF f 


a quorum for doing business: but when less than two-thirds of the 
house of representatives elected shall be present, the assent of two-thirds 
of those members shall be necessary to render their acts and proceed- 
ings valid. 

No member of the house of representatives or senate shall be arrested 
or held to bail, on mesne process, during his going to, return from, or 
attendance upon the court. 

The house of representatives shall choose their own speaker, appoint 
their own officers, and settle the rules of proceedings in their own 
- house ; and shall be judge of the return, elections, and qualifications of 
its members, as pointed out in this constitution. They shall have 
authority to punish, by imprisonment, every person who shall be guilty 
of disrespect to the house in its presence, by any disorderly and con- 
temptuous behaviour, or by threatening or ill treating any of its mem- 
bers ; or by obstructing its deliberations ; every person guilty of a breach 
of its privileges, in making arrests for debt, or by assaulting any member 
during his attendance at any session ; in assaulting or disturbing any 
one of its officers in the execution of any order or procedure of the 
house; in assaulting any witness or other person ordered to attend by, 
and during his attendance on, the house, or in rescuing any person 
arrested by order of the house, knowing them to be such. The sen- 
ate, governor, and council shall have the same powers in like cases: 
provided that no imprisonment by either for any offence excced ten 
days. 

The journal of the proceedings, and all the public acts of both houses 
of the legislature, shall be printed and published immediately after every 
adjournment or prorogation ; and upon motion made by any one mem- 
ber, the yeas and nays upon any question shall be entered in the joure 
nals: and any member of the senate or house of representatives shall 
have a right, on motion made at the time for that purpose, to have his 
protest or dissent, with the reasons, against any vote, resolve, or bill 
passed, entered on the journals. * 


EXECUTIVE POWER. 
Governor. 


The governor shall be chosen annually, in the month of March ; and 
the votes for governor shall be received, counted, certified, and returned 
in the same manner as the votes for senators; and the secretary shall 
lay the same before the senate and house of representatives on the first 
Wednesday in June, to be by them examined ; and in case of an elec- 
tion by a majority of votes through the state, the choice shall be by 
them declared and published. 

And the qualifications of electors of the governor shall be the same 
as those for senators; and if no person shall have a majority of votes, 
the senate and house of representatives shall, by joint ballot, elect one 
of the two persons having the highest number of votes, who shall be 
declared governor. 

And no person shall be eligible to this office unless, at the time of 
his election, he shall have been an inhabitant of this state for seven 
years next preceding, and unless he shall be of the age of thirty years, 
and unless he shall, at the same time, have an estate of ‘he value of 


® 


NEW HAMPSHIRE. . "9 


five hundred pounds, one-half of which shall consist of a frechold, in 
his own right, within the state. 

In cases of disagreement between the two houses, with regard to the 
time or place of adjournment or prorogation, the governor, with advice 
of council, shall have a right to adjourn or prorogue the general court, 
not exceeding ninety days at any one time, as he may determine the 
public good may require, to meet at the place where the general court 
shall be at that time sitting ; and he shall dissolve the same seven days 
before the said first Wednesday in June. 

And, in case of any infectious distemper prevailing in the place where 
the said court at any time is te convene, or any other cause whereby 
dangers may arise to the health or lives of the members from their at- 
tendance, the governor may direct the session to be holden at some 
other, the most convenient place within the state. 

Every bill which shall have passed both houses of the general court 
shall, before it become a law, be presented to the governor: if he ap- 
prove, he shall sign it; but if not, he shall return it, with his objections, 
to that house in which it shall have originated, who shall enter the ob- 
jections at large on their journal, and proceed to reconsider it ; if, after 
such reconsideration, two-thirds of that house. shall agree to pass the 
bill, it shall be sent, together with such objections, to the other house, 
by which it shall likewise be reconsidered, and if approved by two-thirds 
of that house, shall become a law. But in all such cases the votes of 
both houses shall be determined by yeas and nays, and the names of the 
persons voting for or against the bill shall be entered on the journal of 
each house respectively. If any bill shall not be returned by the go- 
vernor within five days (Sundays excepted) after it shall have been pre- 


sented to him, the same shall be a law, in like manner as if he had 


signed it, unless the legislature by their adjournment prevent its return, 
in which case it shall not be a law. 

Every resolve shall be presented to the governor, and before the same 
shall take effect, shall be approved by him, or being disapproved by him, 
shall be repassed by the senate and house of representatives, according 
to the rules and limitations prescribed in the case of a bill. 


All judicial officers, the attorney-general, solicitors, all sheriffs, coro- * 


ners, registers of probate, and all officers of the navy, and general and 
field officers of the militia, shall be nominated and appointed by the 
governor and council; and every such nomination shall be made at 
least three days prior to such appointment; and no appointment shall 
take place, unless a majority of the council agree thereto. The governor 
and council shall have a negative on each other, both in the nominations 
and appointments. Every nomination and appointment shall be signed 
by the governor and council, and every negative shall also be signed by 
the governor or council who made the same. 

The captains and subalterns, in the respective regiments, shall be 
nominated by the field officers, and, if approved by the governor, shall 
be appointed by him. 

Whenever the chair of the governor shall become vacant, by reason 
of his death, absence from the state, or otherwise, the president of the 
senate shall, during such vacancy, have and exercise all the powers 
and authorities which, by this constitution, the governor is vested with, 
when personally present; but when the president of the senate shall 

G 


2 


74 . CONSTITUTION OF 


exercise the office of governor, he shall not hold his office in the 
senate. 

The governor, with the advice of council, shall have full power and 
authority, in the recess of the general court, to prorogue the same from 
time to time, not exceeding ninety days, in any one recess of said court ; 
and during the session of said court, to adjourn. or prorogue it to any. 
time the two houses may desire, and to call it together sooner than the 
time to which it may be adjourned or prorogued, if the welfare of the 
state should require the same. 

The governor of this state for the time being shall be commander- 
in-chief of the army and navy, and all the military forces of this state, 
by sea and land; and shall have full power, by himself or by any chief 
commander, or other officer or officers, from time to time, to train, in- 
struct, exercise, and govern the militia and navy; and for the special 


_ defence and safety of this state, to assemble in martial array, and put 


in warlike posture, the inhabitants thereof, and to lead and conduct 
them, and with them encounter, repulse, repel, resist, and pursue, by 
force of arms, as well by sea as by land, within and without the limits 
of this state; and also to kill, slay, destroy if necessary, and conquer 
by all fitting ways, enterprise, and means, all and every such person and 
persons as shall at any time hereafter in a hostile manner attempt or 
enterprise the destruction, invasion, detriment, or annoyance of this 
state; and to use and exercise over the army and navy, and over the 
militia in actual service, the law martial in time of war, invasion, and 
also in rebellion, declared by the legislature to exist, as occasion shall 
necessarily require. And surprise, by all ways and means whatsoever, 
all and every such person or persons, with their ships, arms, ammuni- 
tion, and other goods, as shall in a hostile manner invade, or attempt 
the invading, conquering, or annoying this state: And, in fine, the 
governor is hereby intrusted with all other powers incident to the office 
of captain-general and commander-in-chief, and admiral, to be exercised 
agreeably to the rules and regulations of the constitution, and the laws 
of the land: Provided, that the governor shall not at any time here- 
after, by virtue of any power by this constitution granted, or hereafter 
to be granted to him by the legislature, transport any of the inhabi- 
tants of this state, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the consent of the 
general court, nor grant commissions for exercising the law martial in 
any case, without the advice and consent of the council. 

The power of pardoning offences, except such persons as may be 
convicted of before the senate, by impeachment of the house, shall be 
in the governor, by and with the advice of the council: but no char- 
ter of pardon granted by the governor, with advice of council, before 
conviction, shall avail the party pleading the same, notwithstanding any 
general and particular expressions contained therein, descriptive of the 
offence or offences intended to be pardoned. 

No officer duly commissioned to command in the militia shall be re- 
moved from his office, but by the address of both houses to the go. 
vernor, or by fair trial in court-martial, pursuant to the laws of the state 
for the time being. 

The commanding officers of the regiments shall appoint their adju- 
tants and quartermasters; the brigadiers, their brigade-majors ; the 


i 


NEW HAMPSHIRE. "5 


major-generals, their aids; the captains and subalterns, their non-com- 
missioned officers. i 

The governor and council shall appoint all officers of the continental 
army, whom, by the confederation of the United States, it is provided 
that this state shall appoint: as also all officers of forts and garrisons. 

The division of the militia into brigades, regiments, and companies, 
made in pursuance of the militia laws now in force, shall be considered 
as the proper division of the militia of this state, until the same shall be 
altered by some future law. 

No moneys shall be issued out of the treasury of this state, and dis- 
posed of, except such sums as may be appropriated for the redemption 
of bills of credit, or treasurer’s notes, or for the, payment of interest 
arising thereon, by warrant under the hand of the governor for the time 
being, by and with the advice and consent of the council, for the ne- 
cessary support and defence of this state, and for the necessary pro- 
tection and preservation of the inhabitants thereof, agreeably to the acts 
and resolves of the general court. 

All public boards, the commissary-general, all superintending officers 
of public magazines and stores, belonging to this state, and all com- 
manding officers of forts and garrisons within the same, shall, once in 
every three months, officially and without requisition, and at other times 
when required by the governor, deliver to him an account of all goods, 
stores, provisions, ammunition, cannon, with their appendages, and small 
arms, with their accoutrements, and of all other public property under 
their care respectively; distinguishing the quantity and kind of each, 
as particularly as may be; together with the condition of such forts 
and garrisons; and the commanding officer shall exhibit to the go- 
vernor, when required by him, true and exact plans of such forts, and 
of the land and sea, or harbour or harbours adjacent. 

‘The governor and council shall be compensated for their services, 
from time to time, by such grants as the general court shall think 
reasonable. 

Permanent and honourable salaries shall be established by law for 
the justices of the supreme court. 


Council. 


There shall be annually elected, by ballot, five counsellors, for advising 
the governor in the executive part of the government. The freeholders 
and other inhabitants in each county, qualified to vote for senators, shall, 
some time in the month of March, give in their votes for one counsellor ; 
which votes shall be received, sorted, counted, certified, and returned to 
the secretary’s office, in the same manner as the votes for senators, to 
be by the secretary laid before the senate and house of representatives 
on the first Wednesday in June. 

And the person having a majority of votes in any county shall be 
considered as duly elected a counsellor; but if no person shall have a 
majority of votes in any county, the senate and house of representa- 
tives shall take the names of the two persons who have the highest 
number of votes in each county and not elected, and out of those two 
shall elect, by joint ballot, the counsellor wanted for such county. 

Provided, nevertheless, That no person shall be capable of being 
elected a counsellor who has not an estate of the value of five hundred 


- . 


76 CONSTITUTION OF 


pounds within this state, three hundred pounds of which (or more) 
shall be a freehold in his own right, and who is not thirty years of 
age; and who shall not have been an inhabitant of this state for seven 
years immediately preceding his election ; and at the time of his elec- 
tion an inhabitant of the county in which he is elected. 

The secretary shall, annually, seventeen days before the first Wed 

nesday in June, give notice of the choice of persons elected. 
- If any person shall be elected governor, or member of either branch 
of the legislature, and shail not accept the trust; or if any person elect- 
ed a counsellor shall refuse to accept the office; or in case of the death, 
resignation, or removal of any counsellor out of the state, the governor 
may issue a precept for the ciection of a new counsellor in that county 
where such vacancy shall happen ; and the choice shall be in the same 
manner as before directed: and the governor shall have full power and 
authority to convene the council, from time to time, at his discretion ; 
and, with them, or the majority of them, may, and shall, from time to 
time, hold a council, for ordering and directing the affairs of the state 
according to the laws of the land. 

The members of the council may be impeached by the house, and 
tried by the senate, for bribery, corruption, malpractice, or malad- 
ministration. 

The resolutions and advice of the council shall be recorded by the 
secretary, in a register, and signed by all the members present agreeing 
thereto; and this record may be called for at any time by either house 
of the legislature ; and any member of the council may enter his opinion 
contrary to the resolutions of the majority, with the reason for such 
opinion. 

The legislature may, if the public good shall hereafter require it, di- 
vide the state into five districts, as nearly equal as may be, governing 
themselves by the number of ratable polls, and proportion of public 
taxes: each district to elect a counsellor ; and in case of such division, 
the manner of the choice shall be conformable to the present mode ot 
election in counties. ' 

And whereas the elections appointed to be made by this constitution 
on the first Wednesday of June annually, by the two houses of the 
legislature, may not be completed on that day, the said elections may be 
adjourned from day to day, until the same may be completed ; and the 
order of the elections shalt be as follows: the vacancies in the senate, 
if any, shall be first filled up; the governor shall then be elected, pro- 
vided there shall be no choice of him by the people; and afterwards the 
two houses shall proceed to fill up the vacancy, if any, in the council. 


Secretary, Treasurer, Commissary-general, &c. 


The secretary, treasurer, and commissary-general shall be chosen by 
joint ballot of the senators and representatives, assembled in one room. 

The records of the state shall be kept in the office of the secretary, 
and he shall attend the governor and council, the senate and representa 
tives, in person, or by deputy, as they may require. 

The secretary of the state shall, at all times, have a deputy, to be by 
lum appointed; for whose conduct in office he shall be responsible. 
And in case of the death, removal, or inability of the secretary, his 
deputy shall exercise all the duties of the office of nackatany of this state 


NEW HAMPSHIRE. 77 


until another shall be appointed. The secretary, before he enters upon 
the business of his office, shall give bond, with sufficient sureties, in a 
reasonable sum, for the use of the state, for the punctual performance of 
his trust. 


County Treasurer, ec. 


The county treasurers, and registers of deeds, shall be elected by the 
inhabitants of the several towns in the several counties in the state, ac- 
cording to the method now practised, and the laws of the state. 

Provided, nevertheless, The legislature shall have authority to alter 
the manner of certifying the votes, and the mode of electing those 
officers ; but not so as to deprive the people of the right they now have 
of electing them. 

And the legislature, on the application of the major part of the in- 
habitants of any county, shall have authority to divide the same into 
two districts for registering deeds, if to them it shall appear necessary ; 
each district to elect a register of deeds: and before they enter upon the 
business of their office, shall be respectively sworn faithfully to discharge 
the duties thereof, and shall severally give bonds, with sufficient sureties, 
in a reasonable sum, for the use of the county, for the punctual per- 
formance of their respective trusts. 


Judiciary Power. 


The tenure that all commissioned officers shall have by law in their 
offices, shall be, expressed in their respective commissions—all judicial 
officers, duly appointed, commissioned, and sworn, shall hold their offices 
during good behaviour, excepting those concerning whom there is a 
different provision made in this constitution ; Provided, nevertheless, 
the governor, with consent of council, may remove them upon the ad- 
dress of both houses of the legislature. 

Each branch of the legislature, as well as the governor and council, 
shall have authority to require the opinions of the Justices of the superior 

court, upon important questions of law, and upon solemn occasions, 

_. In order that the people may not suffer from the long continuance in 
place of any justice of the peace, who shall fail in discharging the im- 
portant duties of his office with ability and fidelity, all commissions of 
justices of the peace shall become void at the expiration of five years 
from their respective dates ; and upon the expiration of any commission, 
the same may, if necessary, be renewed, or another person appointed, as 
shall most conduce to the well being of the state. 

All causes of marriage, divorce, and alimony, and all appeals from the 

espective judges of probate, shall be heard and tried by the superior 
court until the legislature shall by law make other provisions. 

The general court are empowered to give to justices of the peace ju- 
risdiction in civil causes, when the damages demanded shall not excced 
Sour pounds, and the title of real estate is not concerned ; but with right 
of appeal to either party, to some other court, so that a trial by jury in 
the last resort may be had. 

No person shall hold the office of a judge in any court, or judge of 
probate, or sheriff of any county, after he has attained the age of seventy 
years, 

ae 


78 CONSTITUTION OF 


No judge of any court, or justice of the peace, shall act as an attor- 
ney, or be of counsel, to any party, or originate any civil suit, in matters 
which shall come or be brought before him as judge, or justice of the 

eace. 
ji All matters relating to the probate of wills, and granting letters of ad- 
ministration, shall be exercised by the judges of probate, in such-manner 
as the legislature have directed, or may hereafter direct ; and the judges 
of probate shall hold their courts at such place or places, on such fixed 
days as the conveniency of the people may require, and the legislature 
from time to time appoint. ~ : 

No judge or register of probate, shall be of council, act as advocate, or 
receive any fees as advocate or counsel, in any probate business which 
is pending, or may be brought into any court of probate in the county of 
which he is judge or register. 


Clerks of Court. 


The judges of the courts (those of the probate excepted) shall appoint 
their respective clerks, to hold their office during pleasure; and no such 
clerks shall act as an attorney, or be of counsel, in any cause in the court 
of which he is clerk, nor shall he draw any writ originating a civil ac- 
tion. 


Encouragement of Literature, Gc. 


Knowledge and learning, generally diffused through a community, be- 
ing essential to the preservation of a free government; and spreading 
the opportunities and advantages of education through the various parts 
of the country, being highly conducive to promote this end: it shall be 
the duty of the legislators and magistrates, in all future periods of this 
government, to cherish the interests of literature and the sciences, and all 
seminaries and public schools, to encourage private and public institu 
tions, rewards, and immunities for the promotion of agriculture, arts, 
sciences, commerce, trades, manufactures, and natural history of the 
country ; to countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry and economy, 
honesty and punctuality, sincerity, sobriety, and all social affections and 
generous sentiments among the people. 


Oath and subscriptions ; exclusion from offices ; commissions ; writs; 
confirmation of laws ; habeas corpus ; the enacting style ; continu- 
ance of officers; provision for a future revision of the constitu- 
tion, Fc. 


Any person chosen governor, counsellor, senator, or representative, 
military or civil officer, (town officers excepted,) accepting the trust, 
shall, before he proceeds to execute the duties of his office, make and. 
subscribe the following declaration, viz. 


I, A. B., do solemnly swear, that I will bear faith and true allegiance to 
the state of New Hampshire, and will support the constitution there- 
of. So help me Ged. re 


NEW HAMPSHIRE. 79 


I, A. B., do solemnly and sincerely swear and affirm, that I will faith- 
fully and impartially discharge and perform all the duties incumbent 
on me as according to the best of my abilities, agree- 
ably to the rules and regulations of this constitution, and the laws of 
the state of New Hampshire. So help me God. 


Any person having taken and subscribed the oath of allegiance, and 
the same being filed in the secretary’s office, he shall not be obliged to 
take said oath again. 

Provided always, When any person chosen or appointed as aforesaid, 


_ shall be of the denomination called Quakers, or shall be scrupulous of 


swearing, and shall decline taking the said oaths, such shall take and 
subscribe them, omitting the word swear, and likewise the words so help 
me God, subjoining instead, thereof, this I do under the pains and 
penalties of perjury. 

And the oaths or affirmations shall be taken and subscribed by the 
governor, before the president of the senate, in presence of both houses 
of the legislature, and by the senators and representatives first elected 
under this constitution, as altered and amended, before the president of 
the state, and a majority of the council then in office, and for ever after- 
wards before the governor and council for the time being; and by all 
other officers, before such persons, and in such manner as the legislature 
shall from time to time appoint. 

All commissions shall be in the name of the state of N ew Hampshire, 


. signed by the governor, and attested by the secretary or his deputy, and 


shall have the great seal of the state affixed thereto. 

All writs issuing out of the clerk’s office in any of the courts of law, 
shall be in the name of the state of New Hampshire ; shall be under the 
seal of the .court whence they issue, and bear test of the chief, first, or 
senior justice of the court; but when such justice shall be interested, 
then the writ shall bear test of some other justice of the court, to which 
the same shall be returnable ; and be signed by the clerk of such court. 

All indictments, presentments, and informations — shall conclude, 
against the peace and dignity of the state, 

The estate of such persons as may destroy their own lives shall not 
for that offence be forfeited, but descend or ascend in the same manner 
as if such persons had died in a natural way. Nor shall any article which 
shall accidentally occasion the death of any person, be henceforth deem- 
ed a deodand, or in any wise forfeited on account of such misfortune. 

All the laws which have heretofore been adopted, used, and approved 
in the province, colony, or state of New Hampshire, and usually prac- 
tised on in courts of law, shall remain and be in full force until altered 


_and repealed by the legislature: such parts thereof only excepted as are 


repugnant to the rights and liberties contained in this constitution : Pro- 
vided, that nothing-herein contained when compared with the twenty- 
third article in the bill of rights, shall be construed to affect the laws 
already made respecting the persons or estates of absentees. 

The privilege and benefit of the habeas corpus shall be enjoyed in this 
state in the most free, easy, cheap, expeditious, and ample manner, and 
shall not be suspended by the legislature, except upon the most urgent 
and pressing occasions, and for a time not exceeding three months. 

The enacting style in making and passing acts, statutes, and laws, shall 


80 CONSTITUTION OF 


be—Be it enacted by the senate and house of representatives, in gene- 
ral court convened, 

No governor, or judge of the supreme judicial court, shall hold any 
office or place under the authority of this state, except such as by this 
constitution they are admitted to hold, saving that the judges of the said 
court may hold the offices of justice of the peace throughout the state; 
nor shall they hold any place or office, or receive any pension or salary, 
from any other state, government, or power whatever. 

No person shall be capable of exercising, at the same time, more than 
one of the following offices within this state, viz. judge of probate, 
sheriff, register of deeds ; and never more than two offices of profit, which 
may be held by appointment of the governor, or governor and council, 
or senate and house of representatives, or superior or inferior courts, 
military offices, and offices of justices of the peace, excepted. 

No person holding the office of judge of any court, (except special 
judges,) secretary, treasurer of the state, attorney-general, commissary- 
general, military officers receiving pay from the continent or this state, 
(excepting officers of the militia occasionally called forth on an emer- 
gency,) register of deeds, sheriff, or officers of the customs, including 
naval officers, collectors of excise, and state and continental taxes,hereafter 
appointed, and not having settled their accounts with the respective offi- » 
cers with whom it is their duty to settle such accounts, members of con- 
gress, or any person holding any office under the United States, shall, 
at the same time, hold the office of governor, or have a seat in the senate, 
or house of representatives, or council ; but his being chosen, or appoint- 
ed to, and accepting the same, shall operate as a resignation of his seat 
in the chair, senate, or house of representatives, or council: and the 
places so vacated shall be filled up. No member of the council shall have 
a seat in the senate or house of representatives. 

No person shall ever be admitted to hold a seat in the legislature, or 
any ofiice of trust or importance under this government, who, in the due 
course of law, has been convicted of bribery or corruption in obtaining 
an election or appointment. 

In all cases where sums of money are mentioned in this constitution, 
the value thereof shall be computed in silver, at six shillings and eight 
pence per ounce. 

T’o the end that there may be no failure of justice, or danger to, the 
state, by the alterations and amendments made in the constitution, the 
general court is hereby fully authorized and directed to fix the time when 
the alterations and amendments shall take effect, and make the neces- 
sary arrangements accordingly. 

- It shall be the duty of the selectmen and assessors of the several towns 
and places in this state, in warning the first annual meeting for the 
choice of senators, after the expiration of seven years from the adoption 
of this constitution, as amended, to assert expressly in the warrant, this 
purpose, among the others for the meeting, to wit: to take the sense of 
the qualified voters on the subject of a revision of the constitution ; and 
the meeting being warned accordingly, and not otherwise, the modera- 
tor shall take the sense of the qualified voters present, as to the necessity 
of a revision; and a return of the number of votes for and against suck 
necessity, shall be made by the clerk, sealed up, and directed to the ge- 
neral court, at their next session; and if it shall appear to the general 


VERMONT. 81 


court, by such return, that the sense of the people of the state has: been 
taken, and that, in the opinion of the majority of the qualified voters in 
the state, present and voting at said meetings, there is a necessity for a 
revision of the constitution, it shall be the duty of the general court to 
call a convention for that purpose; otherwise the general court shall di- 
rect the sense of the people to be taken, and then proceed in the manner 
before mentioned. The delegates to be chosen in the same manner, and 
proportioned as the representatives to the general court ; provided, that 
no alteration shall be made in this constitution, before the same shall be 
laid before the towns and unincorporated places, and approved by two- 
_thirds of the qualified voters présent and voting on the subject. 

And the same method of taking the sense of the people as to a re- 
vision of the constitution, and calling a convention for that purpose, 
shall be observed afterwards, at the expiration of every seven years. 

This form of government s'all be enrolled on parchment, and de- 

_posited in the secretary’s office, and be a part of the laws of the land; 
and printed copies thereof shall be prefixed to the books containing the 
laws of this state, in all future editions thereof. 

JOHN PICKERING, President, P. T, 

Attest, Joan Carre, Secretary. : 


CONSTITUTION OF VERMONT. 


| ADOPTED BY THE CONVENTION HOLDEN AT WINDSOR, JULY 41h, 1793- 


CHAPTER I. 
A Declaration of Rights of the Inhabitants of the State of Vermont, 


ARTICLE 1, 


Taart all men are born equally free and independent, and have cer- 
tain natural, inherent, and unalienable rights, amongst which are the 
enjoying and defending life and liberty, acquiring, possessing, and pro- 
tecting property, and pursuing and obtaining happiness and safety : 
therefore, no male person, born in this country, or brought from over 
' sea, ought to be holden by law to serve any person as a servant, slave, 
_ or apprentice, after he arrives to the age of twenty-one years, nor female, 
in like manner, after she arrives to the age of eighteen years, unless 
they are bound by their own consent, after they arrive to such age, or 


bound by the law for the payment of debts, damages, fines, costs, or 
the like. 


ARTICLE 2, 


That private property ought to be subservient to public uses when 
‘Necessity requires it; nevertheless, when any person’s property is taken 
for the use of the public, the owner ought to receive an equivalent in 

money. : . 


82. CONSTITUTION OF 


ARTICLE 3. 


That all men have a natural and unalienable right to worship Al- 
mighty God according to the dictates of their own consciences and un- 
derstandings, as in their opinion shall be regulated by the word of God : 
and that no man ought to, or of right can, be compelled to attend any 
religious worship, or erect or support any place of worship, or maintain 
any minister, contrary to the dictates of his conscience ; nor can any man 
be justly deprived or abridged of any civil right as a citizen, ou account 
of his religicus sentiments or peculiar mode of religious worship; and 
that no authority can or ought to be vested in, or assumed by, any power 
whatever, that shall in any case interfere with, or in any manner con- 
trol, the rights of conscience in the free exercise of religious worship. 
Nevertheless, every sect or denomination of Christians ought to observe 
the Sabbath, or Lord’s day, and keep up some sort of religious worship, 
which to them shall seem most agreeable to the revealed will of God. 


ARTICLE 4. 


Every person within this state ought to find a certain remedy, by 
having recougse to the laws, for all injuries or wrongs which he may 
receive in his person, property, or character: he ought to obtain right 
and justice freely, and without being obliged to purchase it ; completely, 
and without any denial; promptly, and without delay; conformably to 
the law. 


ARTICLE 5. = 


That the people of this state, by their legal representatives, have the 
sole, inherent, and exclusive right of governing and regulating the in- 
ternal police of the same. 


ARTICLE 6, 


That all power being originally inherent in, and consequently derived 
from, the people, therefore, all officers of government, whether legislative 
or executive, are their trustees and servants, and at all times, in a legal 
way, accountable to them. 


ARTICLE 7. 


That government is, or ought to be, instituted for the common benefit 
protection, and security of the people, nation, or community, and not 
for the particular emolument or advantage of any single man, family, or 
set of men, who are a part only of that community; and that the com- 
munity hath an indubitable, unalienable, and indefeasible right to res 
form or alter government, in such manner as shall be, by that com- 
munity, judged most conducive to the public weal. 


ARTICLE 8. 


That all elections ought to be free and without corruption, and that 
all freemen, having a sufficient evidence, common interest with, and at- 
tachment to the community, have a right to elect officers, and be elected 
into office, agreeably to the regulations made in this constitution, 


ARTICLE 9, 


That every member of society hath a right to be protected in the enjoy” 
ment of life, liberty, and property, and therefore is bound to contribute 


‘ ~ 


VERMONT. - 83 


his proportion towards the expense of that protection, arid yield his per- 
sonal service, when necessary, or an equivalent therete ; but no part of 
any person’s property can be justly taken from him, or applied to pub- 
lic uses, without his consent, or that of the representative body of free- 
men; nor can any man, who is conscientiously scrupulous of bearing 
arms, be justly compelled thereto, if he will pay such equivalent; nor 
are the people bound by any law but such-as they have in like manner 
assented to, for their common good; and previous to any law being 
made to raise a tax, the purpose for which it is to be raised ought to ap- 
pear evident to the legislature to be of more service to the community 
than the money would be if not collected. 


ARTICLE 10, 


That, in all prosecutions for criminal offences, a person hath a right 
to be heard by himself and his counsel; to demand the cause and nature 
of his accusation; to be confronted with the witnesses; to call for 
evidence in his favour, and a speedy public trial, by an impartial jury 
of his country ; without the unanimous consent of which jury, he cannot 
be found guilty; nor can he be compelled to give evidence against 
himself; nor can any person be justly deprived of his liberty, except by 
the laws of the land, or the judgment of his peers. 


ARTICLE Ill, 


That the people have a right to hold themselves, their houses, papers, 
and possessions, free from search or seizure; and, therefore, warrants 
without oath or affirmation first made, affording sufficient foundation for 
them, and whereby any officer or messenger may be commanded or re- 
quired to search suspected places ; or to seize any person or persons, his, 
her, or their property, not particularly described, are contrary to that 
right, and ought not to be granted. 


ARTICLE 12, 


That when an issue in fact, proper for the cognizance of a jury, is join- 
ed in a court of law, the parties have a right to trial by jury, which ought 


| to be held sacred. 


" ARTICLE 13, 
_ That the people have a right to a freedom of speech, and of writing 
and publishing their sentiments, concerning the transactions of govern- 
ment, and therefore the freedom of the press ought not to be restrained, 
ARTICLE 14, 
The freedom of deliberation, speech, and debate, in the legislature, is 


| 0 essential to the rights of the people, that it cannot be the foundation 


of any accusation, or prosecution, action, or complaint, in any other 
court or place whatsoever. , 


ARTICLE 15. 

The power of suspending laws, or the execution of laws, ought never 
to be exercised but by the legislature, or by authority derived from it, to 
be exercised in such particular cases as this constitution, or the legisla- 
ture, shall provide for. 


84 CONSTITUTION OF 


ARTICLE 16. 


That the people have a right to bear arms for the defence of them- 
selves and the state; and, as standing armies in time of peace are dan- 
gerous to liberty, they ought not to be kept up; and that the military 
should be kept under strict subordination to, and governed by, the civil 
power. 


ARTICLE l7. 


That no person in this state can, in any case, be subjected to law 
martial, or to any penalties or pains by virtue of that law, except those 
employed in the army, and the militia in actual service. 


ARTICLE 18. 


The frequent recurrence to fundamental principles, and firm ad- 
herence to justice, moderation, temperance, industry, and frugality, are 
absolutely necessary to preserve the blessings of liberty, and keep go- 
vernment free ; the people ought, therefore, to pay particular attention 
to these points, in the choice of officers and representatives, and have a 
right, in a legal way, to exact a due and constant regard to them, from 
their legislators and magistrates, in making and executing such laws as 
are necessary for the good government of the state. 


anricie 19. 


That all people have a natural and inherent right to emigrate from one 
state to another that will receive them. 


~ ARTICLE 20). 


That the people have a right to assemble together to consult for their 
common good : to instruct their sepresentatives: and apply to the legis- 
lature for redress of grievances by address, petition, or remonstrance. 


ARTICLE 21. 


That no person shall be liable to be transported out of this state for 
trial of any offence committed within the same. 


CHAPTER II. 


Plan or Form of Government. 


§ 1. The commonwealth or state of Vermont shall be governed here- 
after by a governor or lieutenant-governor, council, and an assembly 
of the representatives of the freemen of the same, in manner and form 
following : 

§ 2. The supreme legislative power shall be vested in a house of re- 
presentatives of the freemen of the commonwealth or state of Vermont, 

§ 3. The supreme executive power shall be vested in a governor, or, 
in his absence, a lieutenant-governor, and council. 

§ 4. Courts of justice shall be maintained in every county in this 
state, and also in ney counties, when formed; which courts shall be open 
for the trial of all causes proper for their cognizance; and justice shall be © 
therein impartially administered, without’corruption or unnecessary de- 
lay. The judges of the supreme court shall be justices of the peace 
throughout the state; and the several judges of the county courts, in 


“VERMONT. 85 


their respective counties, by virtue of their office, except in the trial of 
such causes as may be appealed to the county court. 

§ 5. A future legislature may, when they shall conceive the same to 
be expedient and necessary, erect a court of chancery, with such powers 
as are usually exercised by that court, or as shal! appear for the interest 
of the commonwealth: Provided, they do not constitute themselves the 
judges of the said court, . 

§ 6. The legislative, executive, and judiciary departments shall be 
separate and distinct, so that neither exercise the powers properly be- 
longing to the other. 

§ 7. In order that the freemen of this state might enjoy the benefit of 
election, as equally as may be, each town within this state, that consists 
or may consist of eighty taxable inhabitants within one septenary, or 
seven years next after the establishing this constitution, may hold elec- 
tions therein, and choose each two representatives ; and each other in- 
habited town in this state may, in like manner, choose each one repre- 
sentative to represent them in general assembly, during the said septen- 
ary, or seven years; and after that, each inhabited town may, in like 
manner, hold such election, and choose each one representative, for ever 
thereafter. 

§ 8. The house of representatives of the freemen of this state shall 
consist of persons most noted for wisdom and virtue, to be chosen by 
ballot, by the freemen of every town in this state, respectively, on the 
first Tuesday in September annually for ever, 

§ 9. The representatives so chosen, a majority of whom shall consti- 
tute a quorum for transacting any other business than raising a state 
tax, for which two-thirds of the members elected shall be present, shall 
meet on the second Thursday of the succeeding October, and shall be 

_ Styled The General Assembly of the State of Vermont : they shall have 
power to choose their speaker, secretary of state, their clerk, and other 
necessary officers of the house—sit on their own adjournments—prepare 
bills, and enact them into laws—judge of the elections and qualifica- 
tions of their own members : they may expel members, but not for 
causes known to their own constituents ‘antecedent to their own clec- 
tions : they may administer oaths and affirmations in matters depending 
before them, redress grievances, impeach state criminals, grant charters 
of incorporation, constitute towns, boroughs, cities, and counties : they 
may, annually, on their first session after their election, in conjunction 

with the council, or oftener if need be, elect judges of the supreme and 
| Several county and probate courts, sheriffs, and justices of the peace ; 

/and also with the council may elect major-generals and brigadier-gene- 
rals, from time to time, as often as there shall be occasion ; and they 
shall have all other powers necessary for the legislature of a free and 
sovereign state: but they shall have no power to add to, alter, abolish, 
or infringe any part of this constitution. 

§ 10. The supreme executive council of this state shall consist of a 
governor, lieutenant-governor, and twelve persons, chosen in the follow- 
|g manner, viz. The freemen of each town shall, on the day of the 
election, for choosing representatives to attend the general assembly, 
bring in their votes for governor, with his name fairly written, to the 
constable, who shall seal them up, and write on them, votes for the 
governor, and deliver them to the representatives chosen to attend the 


86 CONSTITUTION OF 


general assembly ; and at the opening of the general assembly there 
shall be a committee appointed cut of the council and assembly, who, 
after being duly sworn to the faithful discharge of their trust, shall pro- 
ceed to receive, sort, and count the votes for the governor, and declare 
the person who has the major part of the votes to be governor for the 
year ensuing. And if there be no choice made, then the council and 
general assembly, by their joint ballot, shall make choice of a governor. 
The lieutenant-governor and treasurer shall be chosen in the manner 
above directed. And each freeman shall give in twelve votes, for 
twelve counsellors, in the same manner, and the twelve highest in no- 
mination shall serve for the ensuing year as counsellors. 

§ 11. The governor, and, in his absence, the lieutenant-governor, with 
the council, a major part of whom, including the governor, or lieutenant- 
governor, shall be a quorum to transact business, shall have power to 
commission all officers, and also to appoint officets, except where provi- 
sion is, or shall be otherwise made by law, or this frame of government ; 
and shall supply every vacancy in any office, occasioned by death, or 
otherwise, until the office can be filled in the manner directed by law or 
this constitution. 

They are to correspond with other states, transact business with offi- 
cers of government, civil and military, and to prepare such business as 
may appear to them necessary to lay before the general assembly. They 
shall sit as judges to hear and determine on impeachments, taking to 
their assistance, for advice only, the judges of the supreme court. And 
shall have power to grant pardons, and remit fines, in all cases whatso- 
ever, except in treason and murder; in which they shall have power to 
grant reprieves, but not to pardon, until after the end of the next session 
of the assembly ; and except in cases of impeachment, in which there 
shall be no remission or mitigation of punishment, but by act of legisla- 
tion. ‘ 

They are also to take care that the laws be faithfully executed. They 
are to expedite the execution of such measures as may be resolved upon 
by the general assembly. And they may draw upon the treasury for 
such sums as may be appropriated by the house of representatives. 
They may also lay embargoes, or prohibit the exportation of any com- 
modity, for any time not exceeding thirty days, in the recess of the house 
. only. ‘They may grant such licenses as shall be directed by law: and 
shall have power to call together the general assembly, when necessary, 
before the day to which they shall stand adjourned. The governor shall 
be captain-general and commander-in-chief of the forces of the state, but 
shall not command in person, except advised thereto by the council, and 
then only so long as they shall approve thereof. And the lieutenant- 
governor shall, by virtue of his office, be lieutenant-general of all the 
forces of the state. ‘The governor, or lieutenant-governor, and the coun- 
cil, shall meet at the time and place with the general assembly ; the 
lieutenant-governor shall, during the presence of the commander-in- 
chief, vote and act as one of the council: and the governor, and, in his 
absence, the lieutenant-governor, shall, by virtue of their offices, preside 
in council, and have a casting, but no other vote. Every member of the 
council shall be a justice of the peace, for the whole state, by virtue of 
his office. The governor and council shall have a secretary, and keep 
fair books of their proceedings, wherein any counsellor may enter his 


VERMONT. 87 


"dissent, with his reason to support it; and the governor may appoint a 
secretary for himself and his council. 

§ 12. The representatives, having met and chosen their speaker and 
clerk, shall, each of them, before they proceed to business, take and sub- 
scribe, as well the oath or affirmation of allegiance hereinafter directed, 
except where they shall produce certificates of their having heretofore 
taken and subscribed the same, as the following oath or affirmation, viz. 

“ You, ———, do solemnly swear (or ailirm) that, as a member of this 
assembly, you will not propose or assent to any bill, vote, or resolution, 
which shall appear to you injurious to the people, nor do or consent to any 
act or thing whatsoever that shall have a tendency to lessen or abridge 
their rights and privileges, as declared by the constitution of this state , 
but will, in all things, conduct yourself as a faithful, honest representa- 
tive, and guardian of the people, according to the best of your judgment 
and abilities: (in case of an oath) so help you God. (And in case 
of an afirmation) under the pains and penalties of perjury.” 

§ 13. The doors of the house in which the general assembly of this 
commonwealth shall sit, shall be open for the admission of all persons 
who behave decently, except only when the welfare of the state may re- 
quire them to be shut. 

§ 14. The votes and proceedings of the general assembly shall be 
printed, when one-third of the members think it necessary, as soon as 
convenient after the end of each session, with the yeas and nays on any 
questions, when required by any member, except where the votes shall 
be taken by ballot, in which case every member shall have a right to in- 
sert the reasons of his vote upon the minutes. 

§ 15. The style of the laws of this state, in future to be passed, shall 
be: It is hereby enacted by the general assembly of the state of Ver- 
mont. 

§ 16. To the end that laws, before they are enacted, may be more 
maturely considered, and the inconvenience of hasty determinations, as 
much as possible, prevented, all bills which originate in the assembly 
shall be laid before the governor and council for their revision and con- 
currence, or proposals of amendment; who shall return the same to the 
assembly, with their proposals of amendment, if any, in writing; and 
if the same are not agreed to by the assembly, it shall be in the power 
of the governor and council to suspend the passing of such bill until the 
next session of the legislature : Provided, that if the governor and coun- 
cil shall neglect or refuse to return any such bill to the assembly, with 
written proposals of amendment, within five days, or before the rising 
of the legislature, the same shall become a law. 

§ 17. No money shall be drawn out of the treasury, unless first ap- 
propriated by act of legislation. 

§ 18. No person shall be elected a representative until he has resided 
two years in this state; the last of which shall be in the town for which 
he is elected. 

§ 19. No member of the council or house of representatives shall, di- 
rectly or indirectly, receive any fee or reward to bring forward or advo- 
cate any bill, petition, or other business to be transacted in the legisla- 
ture ; or advocate any cause, as counsel, in either house of legislation, 
except when employed in behalf of the state. 


88 CONSTITUTION OF 


-§ 20. No person ought, in any case, or in any time, to be declared - 
guilty of treason or felony by the legislature. 

§ 21. Every man of the full age of twenty-one years, having resided 
in this state for the space of one whole year next before the election of 
representatives, and is of a quiet and peaceable behaviour, and will take 
the following oath or affirmation, shall be entitled to all the privileges 
of a freeman of this state. 

“ You solemniy swear (or affirm) that whenever you give yonr vote 
of suffrage touching any matter that concerns the state of Vermont, you 
will do itso as in your conscience you shall judge will most conduce to 
the best good of the same, as established by the constitution, without 
fear or favour of any man.” 

§ 22. The inhabitants of this state shall be trained and armed for its 
defence, under such regulations, restrictions, and exceptions, as congress, 
agreeably to the constitution of the United States, and the legislature of 
this state, shall direct. The several companies of militia shall, as often 
as vacancies happen, elect their captain and other oflicers, and the cap- 
tains and subalterns shall nominate and recommend the field officers of 
their respective regiments, who shall appoint their staff officers. 

§ 23. All commissions shall be in the name of the freemen of the state 
of Vermont, sealed with the state seal, signed by the governor, and in 
his absence the lieutenant-governor, and attested by the secretary 
which seal shall be kept by the governor. 

§ 24, Every officer of state, “liniie: judicial or executive, shall be 
liable to be impeached by the general assembly, either when in office or 
after his resignation or removal, for maladministration. All impeach- 
ments shall be before the governor, or lieutenant-governor, and council, 
who shall hear and determine the same, and may award costs; and no 
trial or impeachment shall be a bar to a prosecution at law. 

§ 25. As every freeman, to preserve his independence, if without a 
sufficient estate, ought to have some profession, calling, trade, or farm, 
whereby he may honestly subsist, there can be no necessity for, nor use 
in establishing offices of profit, the usual effects of which are depend- 
ence and servility, unbecoming freemen, in the possessors or expect- 
ants, and faction, contention and discord among the people. But, if 
any man is called into public service, to the prejudice of his private 
affairs, he has a right to a reasonable compensation; and whenever an 
office, through increase of fees or otherwise, becomes so profitable as to 
occasion many to apply for it, the profits ought to be lessened by the 
legislature. And if any officer shall wittingly and wilfully take greater 
fees than the law allows him, it shall ever after disqualify him from 
holding any office in this state, until he shall be restored by act of 
legislation. 

§ 26. No person in this state shall be capable of holding « or exercising 
more than one of the following offices at the same time, viz: governor, 
lieutenant-governor, judge of the supreme court, treasurer of the state, 
member of the council, member of the general assembly, surveyor-ge- 
neral, or sheriff. Nor shall any person, holding any office of profit or 
trust under the authority of congress, be eligible to any appointment in the 
legislature, or of holding any executive or judiciary office under this state, 

§ 27. The treasurer “of the state shall, before the governor and coun 


VERMONT. 89 


al, give sufficient security to the secretary of the state, in behalf of the 
general assembly; and each high sheriff, before the first judge of the 
county court to the treasurer of their respective counties, previous to 
their respectively entering upon the execution of their offices, in such 
manner, and in sums, as shall be directed by the legislature. 

§ 28. The treasurer’s accounts shall be annually audited, and a fair 
state thereof laid before the general assembly at their session in Oc- 
tober. 

§ 29, Every officer, whether judicial, executive, or military, in au 
thority under this state, before he enters upon the execution of hi 
office, shall take and subscribe the following oath or affirmation of al- 
legiance to this state, unless he shall produce evidence that he has 
before-taken the same; and also the following oath or affirmation of 
oflice, except military officers, and such as shall be exempted by the 
legislature. 


The oath or affirmation of offiee. A 


“You do-solemnly swear (or affirm) that you will be true and faith- 
ful to the state of Vermont, and that you will not, directly or indirectly, 
do any act or thing injurious to the constitution or government thereof, 
as established by convention: (Jf an oath) so help you God. (Jf an 

| affirmation) under the pains and penalties of perjury. 


The oath or affirmation of office. 


‘You, , do solemnly swear (or affirm) that you will faith- 
| fully execute the office of ——— for the ———— of ———; and will 
| therein do equal right and justice to all men, to the best of your judg- 
_ ment and abilities, according to law: (Jf an oath) so help you God. 
(if an affirmation) under the pains and penalties of perjury.” 

~ § 30. No person shall be eligible to the office of governor or lieutenant: 
governor, until he shall have resided in this state four years next pre- 
ceding the day of his election. 
- § 31. Trials of issues, proper for the cognizance of a jury, in the su- 
preme and county courts, shall be by jury, except where parties other- 
Wise agree ; and great care ought to be taken to prevent corruption or 
partiality in the choice and return or appointment of juries. 

§ 32. All prosecutions shall commence, by the authority of the state 
| of Vermont ; all indictments shall conclude with these words: against 

the peace and dignity of the state. And all fines shall be proportioned 
to the offences. 

§ 33. ‘The person of a debtor, where there is not strong presumption 
(of fraud, shall not be continued in prison after delivering up and as- 

signing over, bona fide, all his estate, real and personal, in possession, 
reversion, or remainder, for the use of his creditors, in such manner as 
shall be hereafter regulated by law. And all prisoners, unless in execu- 
“on or committed for capital offences, when the proof is evident or pre- 
sumption great, shall be bailable by sufficient sureties ; nor shall exces- 
sive bail be exacted for bailable offences. 

§ 34. All elections, whether by the people or the legislature, shall be 

free and voluntary; and any elector, who shall receive any gift or re- 

, H 2 


7 


$0 CONSTITUTION OF 


ward for his vote, in meat, drink, moneys, or otherwise, shall forfeit his 
right to elect at that time, and suffer such other penalty as the law 
shall direct ; and any person who shall, directly or indirectly, give, pro- 
mise, or bestow, any such rewards, to be elected, shall thereby be ren- 
dered incapable to serve for the ensuing year, and be subject to such 
further punishment as a future legislature shall direct. 

§ 35, All deeds and conveyances of land shall be recorded in the town 
clerk’s office, in their respective towns; and for want thereof, in the 
county clerk’s office of the same county. 

§ 36. The legislature shall regulate entails in such manner as to pre- 
vent perpetuities. 

§ 387. To deter more effectually from the commission of crimes, by 
continued visible punishments of long duration, and to make sanguinary 
punishments less necessary, means ought to be provided for punishing 
by hard labour those who shall be convicted of crimes not capital, 
whereby the criminal shall be employed for the benefit of the pub- 
lic, or for the reparation of injuries done to private persons: and all 
persons, at proper times, ought to be permitted to see them at their 
labour. 

§ 38. The estates of such persons as may destroy their own lives 
shall not for that offence be forfeited, but descend or ascend in the same 
manner as if such persons had died in a natural way. Nor shall any 
article, which shall accidentally occasion the death of any person, be 
henceforth deemed a deodand, or in any wise forfeited, on account of 
such misfortune. 

§ 39. Every person of good character, who comes to settle in this 
state, having first taken an oath or affirmation of allegiance to the same, 
may purchase, or by other just means acquire, hold, and transfer land 
or other real estate; and, after one year’s residence, shall be deemed a 
free denizen thereof, and entitled to all rights of a natural born subject 
of this state, except that he shall not be capable of being elected gover- 
nor, lieutenant-governor, treasurer, counsellor, or representative in as: 
sembly until after two years’ residence. 

§ 40. The inhabitants of this state shall have liberty, in seasonable 
times, to hunt and fowl on the lands they hold, and on other lands 
not enclosed; and in like manner to fish in all boatable and other 
waters, not private property, under proper regulations, to be hereafter 
made and provided by the general assembly. 

§ 41. Laws for the encouragement of virtue and prevention of vice 
and immorality, ought to be constantly kept in force, and duly executed : 
and a competent number of schools ought to be maintained in each town, 
for the convenient instruction of youth; and one or more grammar 
schools be incorporated, and properly supported, in each county in this 
state. And all religious societies or bodies of men, that may be here- 
after united or incorporated for the advancement of religion and learn- 
ing, or for other pious and charitable purposes, shall be encouraged and 
protected in the enjoyment of the privileges, immunities, and estates, 
which they in justice ought to enjoy, under such regulations as the 
general assembly of this state shall direct. 

§ 42. The declaration of the political rights and privileges of the in 
habitants of this state, is hereby declared to be a part of the constitu 


VERMONT. 91 


tion of this commonwealth, and ought not to be violated on any pre- 
tence whatsoever. 

§ 43. In order that the freedom of this commonwealth may be pre- 
served inviolate for ever, there shall be chosen, by ballot, by the freemen 
of this state, on the last Wednesday in March, in the year one thousand 
seven hundred and ninety-nine, and on the last Wednesday in March, in 
every seven years thereafter, thirteen persons, who shall be chosen in the 


same manner the council is chosen, except they shall not be out of the 


council or general assembly, to be called the council of censors: who 
shall meet together on the first Wednesday in June next ensuing their 
election, the majority of whom shall be a quorum in every case, except 
as to calling a convention, in which, two-thirds of the whole number 
elected shall agree, and whose duty it shall be to inquire, whether the 
constitution has been preserved inviolate in every part during the last 
septenary, including the year of their service, and whether the legisla- 
tive and executive branches of government have performed their duty, 
as guardians of the people, or assumed to themselves, or exercised other 


-or greater powers than they are entitled to by the constitution: They are 


also to inquire, whether the public taxes have been justly laid and col- 
lected in all parts of this commonwealth; in what manner the public 
moneys have been disposed of; and whether the laws have been duly 
executed. For these purposes they shall have power to send for per- 
sons, papers, and records: they shall have authority to pass public cen- 
sures, to order impeachments, and to recommend to the legislature the 
repealing such laws as shall appear to them to have been passed con- 
trary to the principles of the constitution: ‘These powers they shall 
continue to have for and during the space of one year from the day 
of their election, and no longer. The said council of censors shall also 
have power to call a convention, to meet within two years after their 
sitting, if there appears to them an absolute necessity of amending any 
article of this constitution, which may be defective : explaining such as 
may be thought not clearly expressed: and of adding such as are neces- 
sary for the preservation of the rights and happiness of the people: but 
the articles to be amended, and the amendments proposed, and such ar- 
ticles as are proposed to le added or abolished, shall be promulgated at 
least six months before the day appointed for the election of such con- 
vention, for the previous consideration of the people, that they may 
have an opportunity of instructing their delegates on the subject. 
By order of Convention, July 9th, 1793. 
THOMAS CHITTENDEN, President. 
Attest, Lewts R. Morris, Secretary, 


92 CONSTITUTION OF 


CONSTITUTION OF RHODE ISLAND. 


RATIFIED BY THE VOTE OF THE PEOPLE, Novy. 21, 22 anp 23, 1842. 


We, the people of the State of Rhode Island and Providence Planta- 
tions, grateful to Almighty God for the civil and religious liberty which 
He hath so long permitted us to enjoy, and looking to Him for a blessing 
upon our endeavours to secure and to transmit the same, unimpaired, to 
succecding gencrations, do ordain and establish this Constitution of Go- 
vernment, 


ARTICLE 1, — DECLARATION OF CERTAIN CONSTITUTIONAL RIGHTS AND 
PRINCIPLES. 


In order effectually to secure the religious and political freedom estab- 
lished by our venerated ancestors, and to preserve the same for our pos- 
terity, we do declare that the essential and unquestionable rights and 
principles hereinafter mentioned, shall be established, maintained, and 
preserved, and shall be of paramount obligation in all legislative, judicial _ 
and executive proceedings. 

§ 1. In the words of the Father of his Country, we declare, that “ the 
basis of our political systems is the right of the people to make and alter 
their constitutions of government ; but that the constitution which at any 
time exists, till changed by an explicit and authentic act of the whole 
people, is sacredly obligatory upon all.” 

§ 2. All free governments are instituted for the protection, safety, and 
happiness of the people. All laws, therefore, should be made for the 
good of the whole ; and the burdens of the State ought to be fairly distri- 
buted among its citizens. 

§ 3. Whereas, Almighty God hath created the mind free; and all 
attempts to influence it by temporal punishments or burthens, or by civil 
incapacitations, tend to beget habits of hypocrisy and meanness; and 
whereas a principal object of our venerated ancestors, in their migration 
to this country and their settlement of this State, was, as they expressed 
it, to hold forth a lively experiment that a flourishing civil State may 
stand and be best maintained with full liberty in religious concernments : 
we, therefore, declare, that no man shall be compelled to frequent or to 
support any religious worship, place or ministry whatever, except in ful- 
filment of his own voluntary contract ; nor enforced, restrained, molested 
or burthened in his body or goods; nor disqualified from holding any 
office ; nor otherwise suffer on account of his religious belief; and that 
every man shall be free to worship God according to the dictates of his 
own conscience, and to profess and by argument to maintain his opinion 
in matters of religion ; and that the same shall in no wise diminish, en- 
large or affect his civil capacity. 

§ 4. Slavery shall not be permitted in this State. 

§ 5. Every person within this State ought to find a certain remedy, by 
having recourse to the laws, for all injuries or wrongs which he may 

receive in his person, property, or character. He ought to obtain right 
and justice freely, and without purchase, completely and without denial; 
promptly and without delay ; conformably to the laws. 
_ § 6, The right of the people to be secure in their persons, papers, and 
possessions, against unreasonable searches and seizures, shall not be vio- 
lated; and no warrant shall issue, but on complaint in writing, upon 
probable cause, supported by oath or affirmation, and describing as nearly 


RHODE ISLAND. 93 


as may be, the place to be searched, and the persons or things to be 
seized. 

§ 7. No person shall be held to answer for a capital or other infamous 
crime, unless on presentment or indictment by a grand jury, except in 
cases of impeachment, or of such offences as are cognizable by a justice 
of the peace; or in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger. No 
person shall, after an acquittal, be tried for the same offence. 

§ 8. Iexcessive bail shall not be required, nor excessive fines imposed, 
nor cruel punishments inflicted; and all punishments ought to be pro- 


portioned to the offence. 


§ 9. All persons imprisoned ought to be bailed by sufficient surety, 
unless for offences punishable by death or by imprisonment for life, when 
the proof of guilt is evident, or the presumption great. The privilege of 
the writ of habeas corpus shall not be suspended, unless when in cases of 
rebellion or invasion the public safety shall require it; nor ever without 


_ the authority of the General Assembly. 


§ 10. In all criminal prosecutions, the accused shall enjoy the right to 
a speedy and public trial, by an impartial jury; to be informed of the 
nature and cause of the accusation, to be confronted with the witnesses 
against him, to have compulsory process for obtaining them in his favour, 
to have the assistance of counsel in his defence, and shall be at liberty to 
speak for himself; nor shall he be deprived of life, liberty, or property, 


unless by the judgment of his peers, or the law of the land. 


§ 11. The person of a debtor, when there is not strong presumption of 
fraud, ought not to be continued in prison, after he shall have delivered 
up his property for the benefit of his creditors, in such manner as shall 
be prescribed by law. 

§ 12. No ex post facto law, or law impairing the obligation of con- 


| tracts, shall be passed. 


§ 13. No man in a court of common law shall be compelled to give 


_ evidence criminating himself. 


§ 14. Every man being presumed innocent, until he is. pronounced 


| guilty by the law, no act of severity which is not necessary to secure an 


accused person, shall be permitted. 

§ 15. The right of trial by jury shall remain inviolate. 

§ 16. Private property shall not be taken for public uses, without just 
compensation, 

§ 17. The people shall continue to enjoy and freely exercise all the 


rights of fishery, and the privileges of the shore, to which they have 


been heretofore entitled under the charter and usages of this State. But 
no new right is intended to be granted, nor any existing right impaired 
by this declaration. 

§ 18. The military shall be held in strict subordination to the civil 
authority. And the Jaw martial shall be used and exercised in such 
cases only as occasion shall necessarily require. 

§ 19. No soldier shall be quartered in any house, in time of peace, 
without the consent of the owner; nor, in time of war, but in manner to 
be prescribed by law. 

§ 20. The liberty of the press being essential to the security of free- 
dom in astate, any person may publish his sentiments on any subject, 
being responsible for the abuse of that liberty; and in all trials for libel, 
both civil and criminal, the truth, unless published from malicious mo- 
tives, shal! be sufficient defence to the person charged, 


4 


94 ‘CONSTITUTION OF 


§ 21. The citizens have a right in a peaceable manner to assemble for 
their common good, and to apply to those invested with the powers of 
government, for redress of grievances, or for other purposes, by petition, 
address, or remonstrance. . . 

§ 22. The right of the people to keep and bear arms, shall not be in- 
fringed. 

§ 23. The enumeration of the foregoing rights shall not be construed 
to impair or deny others retained by the people. 


ARTICLE 2.— OF THE QUALIFICATION OF ELECTORS, 


§ 1. Every male citizen of the United States, of the age of twenty-one 
years, who has had his residence and home in this State for one year, 
and in the town or city in which he may claim a right to vote, six months 
next preceding the time of voting, and who is really and truly possessed 
in his own right of real estate in such town or city of the value of one 
hundred and thirty-four dollars over and above all incumbrances, or which 
shall rent for seven dollars per annum over and_above any rent reserved 
or the interest of any incumbrances thereon, being an estate in fee sim- 
ple, fee tail, for the life of any person, or an estate in reversion or ree 
mainder, which qualifies no other person to vote, the conveyance of 
which estate, if by deed, shall have been recorded at least ninety days, 
shall thereafter have a right to vote in the election of all civil officers 
and on all questions in all legal towh or ward meetings so long as he 
continues so qualified. And if any person hereinbefore described shall 
own any such estate within this State out of the town or city in which 
he resides, he shall have a right, to vote in the election of all gencral 
officers and members of the General Assembly in the town or city in 
which he shall have had his residence and home for the term of six 
months next preceding the election, upon producing a certificate from the 
clerk of the town or city in which his estate lies, bearing date within ten 
days of the time of his voting, setting forth that such person has a sufli- 
cient estate therein to qualify him as a voter; and that the deed, if any, 
has been recorded ninety days. 

§ 2. Every male native citizen of the United States, of the age of 
twenty-one years, who has had his residence and home in this State two 
years and in the town or city in which he may offer to vote, six months 
next preceding the time of voling, whose name is registered pursdant to 
the act calling the convention to frame this constitution, or shall be 
registered in the office of the clerk of such town or city at least seven 
days before the time he shall offer to vote, and before the last day of 
December in the present year; and who has paid or shall pay a tax or 


taxes assessed upon his estate within this State and within a year of the 


time of voting to the amount of one dollar, or who shall voluntarily pay 
at least seven days before the time he shall offer to vote, and before said 
last day of December, to the clerk or treasurer of the town or city where 
he resides, the sum of one dollar, or such sum as with his other taxes, 
shall amount to one dollar, for the support of public schools therein, and 
shall make proof of the same, by the certificate of the clerk, treasurer or 
collector of any town or city where such payment is made: or, who 
being so registered, has been enrolled in any military company in this 
State, and done military service or duty therein, within the present year, 
pursuant to law, and shall, (until other proof is required by law,) prove 
by the certificate of the officer legally commanding the regiment, or 
chartered, or legally authorized yoluntecr company in which he may 


RHODE ISLAND. 95 


liave served or done duty, that he has been equipped and done duty ac- 
cording to law, or by the certificate of the commissioners upon military 
claims, that he has performed military service, shall have a right to vote 
in the election of all civil officers, and on all questions in all legally or- 
ganized town or ward meetings, until the end of the first year after the 
adoption of this constitution, or until the end of the year eighteen hun- 
_ dred and forty-three. 

Irom and after that time, every such citizen who has had the resi- 
dence herein required, and whose name shall be registered in the town 
where he resides, on or before the last day of December, in the year 
next preceding the time of his voting, and who shall show by legal 
proof, that he has for and within the year next preceding the time he 
shall offer to vote, paid a tax or taxes assessed against him in any town 
or city in this State, to the amount of one dollar, or that he has been 
enrolled,in a military company in this State, been equipped and done 
duty therein, according to law, and at least, for one day during such 
year, shall have a right to vote in the election of all civil officers, and on 
all questions in all legally organized town or ward meetings: Provided, 
that no person shall at any time be allowed to vote in the election of the 
City Council of the city of Providence, or upon any proposition to im- 
pose a tax or for the expenditure of money in any town or city, unless 
he shall within the year next preceding, have paid a tax assessed upon 
his property therein, valued at least, at one hundred and thirty-four 
dollars. 

§ 3. The assessors of each town or city shall annually assess upon 
every person whose name shall be registered, a tax of one dollar, or 
such sum as with his other taxes shall amount to one dollar, which 
registry tax shall be paid into the treasury of such town or city, and be 
applied to the support of public schools therein: But no compulsory 
process shall issue for the collection of any registry tax: Provided, that 
the registry tax of every person who has performed military duty accord- 
ing to the provisions of the preceding section, shall be remitted for the 
year he shall perform such duty ; and the registry tax assessed upon any 
mariner, for any year while he is at sea, shall, upon his application, be 
remitted; and no person shall be allowed to vote whose registry tax for 
either of the two years next preceding the time of voting is not paid or 
remitted as herein provided. 

§ 4. No person in the military, naval, marine, or any other service of 
the United States, shall be considered as having the required residence 
by reason of being employed in any garrison, barrack, or military or 
naval station in this State: and no pauper, lunatic, person non compos 
mentis, person under guardianship, or member of the Narragansett tribe 
of Indians, shall be permitted to be registered or to vote. Nor shall any 
person convicted of bribery or of any crime deemed infamous at com- 
mon law, be permitted to exercise that privilege, until he be expressly 
restored thereto by act of the General Assembly. 

§ 5. Persons residing on lands ceded by this State to the United States, 
shall not be entitled to exercise the privilege of electors. 

§ 6. The General Assembly shall have full power -to provide for a 
registry of voters, to prescribe the manner of conducting the elections, 

the form of certificates, the nature of the evidence to be required in case 
of a dispute as to the right of any person to vote, and generally to enact 
all laws necessary to carry this ‘article into €ffect, and to prevent abuse, 
Corruption, and fraud in voting. 


96 CONSTITUTION OF 


ARTICLE 3,— oF THE DISTRIBUTION OF POWERS, 


The powers of the government shall be distributed into three depart- 
ments; the Legislative, Executive, and Judicial. 


ARTICLE 4,— oF THE LEGISLATIVE POWER. 


§ 1. This Constitution shall be the supreme law of the State, and any 
law inconsistent therewith shall be void. ‘The General Assembly shall 
pass ail laws necessary to carry this Constitution into effect. 

§ 2. The Legislative power, under this Constitution, shall be vested in 
two Houses, the one to be called the Senate, the other the House of 
Representatives; and both together the General Assembly. The con- 
currence of the two Houses shall be necessary to the enactinent of laws. 
The style of their laws shall be, It is enacted by the General Assembly 
as follows: 

§ 3. ‘There shall be two sessions of the General Assembly holden 
annually ; one at Newport, on the first Tuesday of May, for the pur- 
poses of election and other business; the other on the last Monday of 
October, which last session shall be holden at South Kingstown, once in 
two years, and the intermediate years alternately at Bristol, and East 
Greenwich; and an adjournment from the October session shall be 
holden annually at Providence. 

§ 4. No member of the General Assembly shall take any fee, or be of 
counsel in any case pending before either House of the General Assem- 
bly, under penalty of forfeiting his seat, upon proof thereof to the satis- 
faction of the House of which he is a member. 

§ 5. The person of every member of the General Assembly shall be 
exempt from arrest and his estate from attachment in any civil action, 
during the session of the General Assembly, and two days before the 
commencement, and two days after the termination thereof, and all pro- 
cess served contrary hereto shall be void. For any speech in debate in 
either House, no member shall be questioned in any other place. 

§ 6. Each House shall be the judge of the elections and qualifications 
of its members; and a majority shall constitute a quorum to do busi- 
ness; but a smaller number may adjourn from day to day, and may 
compel the attendance of absent members, in such manner, and under 
such penalties as may be prescribed by such House or by law. The 
organization of the two Houses may be regulated by law, subject to the 
limitations contained in this constitution. 

§ 7. Each House may determine its rules of preceeding, punish con- 
tempts, punish its members for disorderly behaviour, and, with the con- 
currence of two-thirds, expel a member; but not a second time for the 
same cause. 

§ 8. Each House shall keep a journal of its proceedings. The yeas 
and nays of the members of either House, shall, at the desire of one- 
fifth of those present, be entered on the journal. 

§ 9. Neither House shall, during a session, without the consent of the 
other, adjourn for more than two days, nor to any other place than that 
in which they may be sitting. 

§ 10. The General Assembly shall continue to exercise the powers 
they have heretofore exercised, unless prohibited in this constitution. 

§ 11. The Senators and Representatives shall receive the sum of one 
dollar for every day of attendance, and eight cents per mile for travelling 
expenses in going to and returning from the General Assembly. The 


RHODE ISLAND. 97 


General Assembly shall regulate the compensation of the Governor and 
all other officers, subject to the limitations contained in this constitution. 

§ 12. All lotteries shall hereafter be prohibited in this State, except 
those already authorized by the General Assembly. 

§ 13. The General Assembly shall have no power, hereafter, without 
the express consent of the people, to incur State debts to an amount 
exceeding fifty thousand dollars, except in time of war, or in case of 
insurrection or invasion, nor shall they in any case, without such con- 
sent, pledge the faith of the State for the payment of the obligations of 
others. This section shall not be construed to refer to any money that 
may be deposited with this State by the Government of the United ~ 
States. 

_ -§ 14, The assent of two-thirds of the members eleeted to each House 
of the General Assembly shall be required to every bill appropriating 
the public money or property for local or private purposes. 

§ 15. The General Assembly shall, from time to time, provide for 
making new valuations of property, for the assessment of taxes, in such 
manner as they may deem best. A new estimate of such property shall 
be taken before the first direct State tax after the adoption of this con- 
stitution, shall be assessed. 

§ 16. The General Assembly may provide by law for the continuance 
in office of any officers of annual election or appointment, until other 
persons are qualified to take their places. 

§ 17. Hereafter, when any bill shall be presented to either House of 
the General Assembly, to create a corporation for any other than for 
religious, literary, or charitable purposes, or for a military, or fire com- 

_ pany, it shall be continued until another election of members of the 
General Assembly shall have taken place, and such public notice of the 
pendency thereof shall be given as may be required by law. 

§ 18. It shall be the duty of the two Houses upon the request of either, 
to join in grand committee for the purpose of electing Senators in Con- 
gress, at such times and in such manner as may be prescribed by law 
for said elections, 


ARTICLE 5. — OF THE HOUSE OF REPRESENTATIVES, 


§1. The House of Representatives shall never exceed seventy-two 
members, and shall be constituted on the basis of population, always 
allowing one Representative for a fraction exceeding half the ratio; but 
each town or city shall always be entitled to at least one member; and 
no town or city shall have more than one-sixth of the whole number of 
members to which the House is hereby limited. The present ratio shall 
be one representative to every fifteen hundred and thirty inhabitants, and 
the General Assembly may, after any new census taken by the authority 
of the United States, or of this State, re-apportion the representation by 

altering the ratio; but no town or city shall be divided into districts for 
the choice of representatives. 

§ 2. The House of Representatives shall have authority to elect ite 
speaker, clerks, and other officers. The senior member from the town 
of Newport, if any be present, shall preside in the organization of the 
House. 

ARTICLE 6,— OF THE SENATE. 


§ 1. The Senate shall consist of the Lieutenant-Governor, and of one 
Senator from each town or city in the State. 
§ 2. The Governor, and, in his absence, the Lieutenant-Gevernor shall 


98 CONSTITUTION OF 


preside in the Senate and in grand committee. The presiding officer of 
the Senate and grand committee shall have a right to vote in case of 
equal division, but not otherwise. 

§ 3. If, by reason of death, resignation, absence, or other cause, there 
be no Governor or Lieutenant-Governor present, to preside in the Senate, 
the Senate shall elect one of their own members to preside during such 
absence or vacancy ; and until such election is made by the Senate, the 
Secretary of State shall preside. 

§ 4. The Secretary of State shall,.by virtue of his office, be Secretary 
of the Senate, unless otherwise provided by law; and the Senate may 
elect such other officers as they may deem necessary. 


ARTICLE 7.— OF THE EXECUTIVE POWER. 


§1. The chief executive power of this State shall be vested in a 
Governor, who, together with a Lieutenant-Governor, shall be annually 
elected by the people. 

§ 2. The Governor shall take care that the laws be faithfully executed. 

§ 3. He shall be captain-general and commander-in-chief of the mili- 
tary and naval forces of this State, except when they shall be called into 
the service of the United States. 

§ 4. He shall have power to grant reprieves after conviction, in all 
cases except those of impeachment, until the end of the next session of 
the General Assembly. 


1} 


| 
| 
| 


§ 5. He may fill vacancies in office not otherwise provided for by this | 


constitution or by law, until the same shall be filled by the General 
Assembly, or by the people. 

§ 6. In case of disagreement between the two Houses of the General 
Assembly, respecting the time or place of adjournment, certified to him 
by either, he may adjourn them to such time and place as he shall think 
proper; provided that the time of adjournment shall not be extended 
beyond the day of the next stated session. 

§ 7. He may, on extraordinary occasions, convene the General Assem- 
bly at any town or city in this State, at any time not provided for by 
Jaw ; and in case of danger from the prevalence of epidemic or contagi- 
ous disease, in the place in which the General Assembly are by law to 
meet, or to which they may have been adjourned; or for other urgent 
reasons, he may, by proclamation, convene said Assembly, at any other 
place within this State. 

§ 8, All commissions shall be in the name and by authority of the 
State of Rhode Island and Providence Plantations; shall be sealed with 
the State seal, signed by the Governor and attested by the Secretary. 

§ 9. In case of vacancy in the office of Governor, or of his inability 
to serve, impeachment, or absence from the State, the Lieutenant- 
Governor shall fill the office of Governor and exercise the powers and 
authority appertaining thereto, until a Governor is qualified to act, or 
until the office is filled at the next annual election. 

§ 10. If the offices of Governor and Lieutenant-Governor be both 
vacant by reason of death, resignation, impeachment, absence, or other- 
wise, the person entitled to preside over the Senate for the time being, 
shall in like manner fill the office of Governor during such absence or 
vacancy. 

§ 11. The compensation of the Governor and Lieutenant-Governor 
shall be established by law, and shall-not be diminished during the term 
for which they are elected. . 


RHODE ISLAND. aaa 


§ 12. The duties and powers of the Secretary, Attorney-General, and 
General Treasurer, shall be the same under this constitution as are now 
established, or as from time to time may be prescribed by law. 


ARTICLE 8.—oOF ELECTIONS. 


§ 1. The Governor, Lieutenant-Governor, Senators, Representatives, 
Secretary of State, Attorney-General, and General Treasurer, shall be 
elected at the town, city, or ward meetings, to be holden on the first 
Wednesday of April, annually; and shall severally hold their offices for 
one year, from the first Tuesday of May next, succeeding, and until 
others are legally chosen, and duly qualified to fill their places. If 
elected or qualified after the said first ‘Tuesday of May, they shall hold 
their offices for the remainder of the political year, and until their suc- 
cessors are qualified to act. 

§ 2. The voting for Governor, Lieutenant-Governor, Secretary of 
State, Attorney-General, General Treasurer, and Representatives to Con- 
gress, shall be by ballot; Senators and Representatives to the General 
Assembly, and town or city officers, shall be chosen by ballot, on demand 
of any seven persons entitled to vote for the same; and in all cases 
where an election is made by ballot or paper vote, the manner of ballot- 
ing shall be the same as is now required in voting for general officers, 
until otherwise prescribed by law. 

§ 3. The names of the persons voted for as Governor, Lieutenant- 
Governor, Secretary of State, Attorney-General, and General Treasurer, 
shall be placed upon one ticket, and all votes for these officers shall, in 
open town or ward meetings be sealed up by the moderators and town 
clerks and by the wardens and ward clerks, who shall certify the same 
and deliver or send them to the Secretary of State; whose duty it shall 
be securely to keep and deliver the same to the grand committee, after 
the organization of the two Houses at the annual May session; and it 
shall be the duty of the two Houses at said session, after their organiza- 
tion, upon the request of either House, to join in grand committee, for 
the purpose of counting and declaring said votes, and of electing other 
officers. 

§ 4. The town and ward clerks shall also keep a correct list or regis- 
ter, of all persons voting for general officers, and shall transmit a copy 
thereof to the General Assembly, on or before the first day of said May 
session, 

§ 5. The ballots for Senators and Representatives in the several towns, 
shall in each case after the polls are declared to be closed, be counted by 
the moderator, who shall announce the result, and the clerk shall give 
certificates to the persons elected. If, in any caSe, there be no election, 

‘the polls may be re-opened, and the Jike proceedings shall be had until 
an election shall take place: Provided, however, that an adjournment or 
adjournments of the election may be made to a time not excceding seven 
days from the first meeting. 

§ 6. In the city of Providence, the polls for Senator and Representa- 
tives shall be kept open during the whole time of voting for the day, 
and the votes in the several wards shall be sealed up at the close of the 
meeting by the wardens and ward clerks in open ward meeting, and 
afterwards delivered to the city clerk. ‘The Mayor and Aldermen shall! 
proceed to count said votes within two days from the day of election ; 

_and if no election of Senator and Representatives, or if an election of 
only a portion of the Representatives shall have taken place, the Mayor 


100 CONSTITUTION OF 


and Aldermen shall order a new election, to be held not more than ten 
days from the day of the first election, and so on until the election shall 
be completed, Certificates of election shall be furnished by the city 


clerk to the persons chosen. 

§ 7. If no person shall have a majority of votes for Governor, it shall be the 
duty of the grand committee to elect one by ballot from the two persons having 
the highest number of votes for the office, except when such a result is produced 
by rejecting the entire vote of any town, city, or ward, for informality or ille- 
gality, in whicif case a new election by the electors throughout the State shall be 
ordered; and in case no person shall have a majority of votes for Lieutenant. 
Governor, it shall be the duty of the grand committee to elect one by ballot from 
the two persons having the highest number of votes for the office. 

§ 8. In case an election of the Secretary of State, Attorney-General, or-General 
Treasurer, should fail to be made by the electors at the annual election, the 
vacancy or vacancies shall be filled by the General Assembly in grand committee, 
from the two candidates for such office having the greatest number of the votes 
of the electors. Or, in case of a vacancy in either of said offices from other 
causes, between the sessions of the General Assembly, the Governor shall appoint 
some person to fill the same until a successor elected by the General Assembly is 
qualified to act; and in such case, and also in all other cases of vacancies, not 
otherwise provided for, the General Assembly may fill the same in any manner 
they may deem proper. 

§ 9. Vacancies from any cause in the Senate or House of Representatives may 
be filled by a new election. 

§ 10. In all elections held by the people, under this constitution, a majority of 
all the electors voting shall be necessary to the election of the persons voted for. 


. ARTICLE 9,— OF QUALIFICATIONS FOR OFFICE. 


$1. No person shall be eligible to any civil office, (except the office of school 
committee,} unless he be a qualified elector for such office. 

§ 2. Every person shall be disqualified from holding any office to which he may 
have been elected, if he be convicted of having offered, or procured any other 
person to offer, any bribe to secure his election, or the election of any other 
person. 

§ 3. All general officers shall take the following engagement before they act in 
their respective offices, to wit: You -being by the free vote of the 
electors of this State of Rhode Island and Providence Plantations, elected unto 
the place of do solemnly swear (or affirm) to be true and faithful 
unto this State, and to support the Constitution of this State and of the United 
States ; that you will faithfully and impartially discharge all the duties of your 
aforesaid office to the best of your abilities, according to law: So help you God. 
Or, this affirmation you make and give upon the peril of the penalty of perjury. 

§4. The members of the General Assembly, the Judges of all the Courts, and 
all other officers, both civil and military, shall be bound by oath or affirmation ta 
support this Constitution, and the Constitution of the United States, 

§ 5. The oath, or affirmation, shall be administered to the Governor, Lieuten- 
ant-Governor, Senators, and Representatives by the Secretary of State, or, in his 
absence, by the Attorney-General. The Secretary of State, Attorney-General, 
and General Treasurer, shall be engaged by the Governor, or by a Justice of the 
Supreme Court. 

§ 6. No person holding any office under the government of the United States, or 
of any other State or country, shall act as a general officer, or as a member of the 
General Assembly, unless at the time of taking his engagement, he shall have 
resigned his office under such government; and if any general officer, Senator, 
Representative, or Judge, shall, after his election and engagement, accept any 
appointment under any other government, his office under this shall be imme- 
diately vacated; but this restriction shall not apply to any person appointed to 
take depositions or acknowledgements of deeds, or other legal instruments, by 
the authority of any other State or country. 


ARTICLE 10,— oF THE JUDICIAL POWER. 


$1. The Judicial power of this State shal] be vested in one Supreme Court, and 
in such inferior courts as the General Assembly may, from time to time, ordain 
and establish. 

§ 2. The several courts shall have such jurisdiction as may from time to time be 
prescribed by law. Chancery powers may be conferred on the Supreme Court, but 
on no other Court to any greater extent than is now provided by law. 


RHODE ISLAND. w. 168 


§3. The Judges of the Supreme Court shall, in all trials, instruct thé jury in 
the law. They shall also give their written opinion upon any question of law 
whenever requested by the Governor, or by either House of the General Assem- 
bly. 
$4. The Judges of the Supreme Court shall be elected by the two Houses in 
grand committee. Each Judge shall hold his office until his place be declared 
vacant by a resolution of the General Assembly to that effect ; which resolution 
shall be voted for by a majority of all the members elected to the House in which 
it may originate, and be concurred in by the same majority of the other House. 
Such resolution shall not be entertained at any other than the annual session for 
the election of public officers ; and in default of the passage thereof at said ses- 
sion, the Judge shall hold his place as is herein provided. But a Judge of any 
court shall be removed from office, if, upon impeachment, he shall be found guilty 
of any official misdemeanor. 

5. In case of vacancy by death, resignation, removal from the State or from 
office, refusal or inability to serve, of any Judge of the Supreme Court, the office 
may be filled by the grand committee, until the next annual election, and the 
Judge then elected shall hold his office as before provided. In cases of impeach- 
ment, or temporary absence or inability, the Governor may appoint a person to 
discharge the duties of the office during the vacancy caused thereby. 

§6. The Judges of the Supreme Court shall receive a compensation for their 
services, which shall not be diminished during their continuance in office. 

§7. The towns of New Shoreham and Jamestown may continue to elect their 
wardens as heretofore. The other towns and the city of Providence, may elect 
such number of justices of the peace, resident therein, as they may deem proper. 
The jurisdiction of said justices and wardens shail be regulated by law. The 
justices shall be commissioned by the Governor. 


ARTICLE 11. — oF IMPEACHMENTS. 


§ 1. The House of Representatives shall have the sole power of impeachment. 
A vote of two-thirds of all the members elected shall be required for an impeach- 
ment of the Governor. Any officer impeached, shall thereby be suspended from 
office until judgment in the case shall have been pronounced, 

§ 2. All impeachments shall be tried by the Senate; and, when sitting for that 
purpose, they shall be under oath or affirmation. No person shall be convicted 
except by vote of two-thirds of the members elected. When the Governor is im- 
peached, the chief or presiding justice of the Supreme Court for the time being, 
shall preside, with a casting vote in all preliminary questions. 

§ 3. The Governor and all other executive and judicial officers, shaJl be liable to 
impeachment; but judgment in such cases shall not extend further than to 
removal from office. The person convicted, shall, nevertheless, be liable to in- 
dictment, trial, and punishment, according to law. 


ARTICLE 12, — oF EDUCATION. 


§ 1. The diffusion of knowledge, as well as of virtue, among the people, being 
essential to the preservation of their rights and liberties, it shall be the duty of 
the General Assembly to promote public schools, and to adopt all means which 
they may deem necessary and proper to secure to the people the advantages and 
opportunities of education, 

§ 2, The money which now is, or which may hereafter be appropriated by law 
for the establishment of a permanent fund for the support of public schools, shall 
be securely invested and remain a perpetual fund for that purpose, 

§3. All donations for the support of public schools or for other purposes of 
education, which may be received by the General Assembly, shall be applied 
according to the terms prescribed by the donors. 

§4. The General Assembly shall make all necessary provisions by law for car- 
rying this article into effect. They shall not divert said money or fund from the 
aforesaid uses, nor borrow, appropriate, or use the same, or any part thereof, for 
any other purpose, under any pretence whatsoever. 


ARTICLE 13. —ON AMENDMENTS. 


The General Assembly may propose amendments to this constitution by the 
votes of a majority of all the members elected to each House. Such propositions 
for amendment shall be published in the newspapers, and printed copies of them 
shall be sent by the Secretary of State, with the names of all the members who 
shall have voted thereon, with the yeas and nays, to all the town and city clerks 
in the State. The said propositions shall be, by said clerks, inserted in the war- 
rants or notices by them issued, for warning the next annual town and ward 
meetings in April; and the clerks shall ery said propositions to the electors when 

I 


eo 
102, CONSTITUTION OF 


thus assembled, with the names of all the Representatives and Senators who shall 
have voted thereon, with the yeas and nays, before the election of Senators and 
Representatives shall be had. If a majority of all the members elected to each 
House, at said annual meeting, shall approve any proposition thus made, the 
kame shall be published and submitted to the electors in the mode provided in the 
uct of approval; and if then approved by three-fifths of the electors of the State 
present, aud voting thereon in town and ward meetings, it shall become a part 
of the constitution of the State. e 


ARTICLE 14.— oF THE ADOPTION OF THIS CONSTITUTION. 


§ 1. This constitution, if adopted, shall go into operation on the first Tuesday 
of May, in the year one thousand eight hundred and forty-three. The first elec- 
tion of Governor, Lieutenant-Governor, Secretary of State,. Attorney-General, 
und General Treasurer, and of Senators and Representatives under said constitu: 
tion, shall be had on the first Wednesday of April next preceding, by the electors 
qualified under said constitution. And the town and ward meetings therefore 
shall be Warned and conducted as is now provided by law. All civil and military 
officers now elected, or who shall hereafter be elected, by the General Assembly, 
or other competent authority, before the said first Wednesday of April, shall hold 
their offices and may exercise their powers until the said first Tuesday of May, or 
until their successors shall be qualified to act. All statutes, public and private, 
not repugnant to this constitution, shall continue in force until they expire by 
their own limitation, or are repealed by the General Assembly. All charters, con- 
tracts, judgments, actions, and rights of action, shall be as valid as if this consti- 
tution bad not been made. The present government shal] exercise all the powers 
with which it is now clothed, until the said first Tuesday of May, one thousand 
eight hundred and forty-three, and until the government under this constitution 
is duly organized. 

2. All debts contracted and engagements entered into, before the adoption of 
this constitution, shall be as valid against the State as if this constitution had 
not been adopted. 

§ 3. The Supreme Court, established by this constitution, shall have the same 
jurisdiction as the Supreme Judicial Court at present established, and shall have 
jurisdiction of all causes which may be appealed to, or pending in the same; and 
shall be held at the same times and places, and in each county, as the present 
Supreme Judicial Court, until otherwise prescribed by the General Assembly. 

§ 4. The towns of New Shoreham and Jamestown shall continue to enjoy the 
peeppions from military duty which they now enjoy, until otherwise prescribed 

y law. 

Done in Convention, at East-Greenwich, this fifth day of November, eighteen 
hundred and forty-two, 

JAMES FENNER, President. 
HENRY Y. CRANSTON, VPice-Pres't. 
Tuomas A. JENCKES, : 


ries. 
Wa rer W. Uppike, Seeretexies 


CONSTITUTION OF CONNECTICUT. 


PREAMBLE. 


Tnx people of Connecticut, acknowledging, with gratitude, the good 
providence of God, in having permitted them to enjoy a free government, 
do, in order more effectually to define, secure, and perpetuate the liber- 
ties, rights, and privileges which they have derived from their ancestors, 
hereby, after a careful consideration and revision, ordain and establish 
the following constitution and form of civil government, 


ARTICLE I. 


Declaration of Rights, 


That the great and essential principles of liberty and free government 
may be recognised and established, we declare; _ 
§ 1. That all men, when they form a social compact, are equal in 


CONNECTICUT. 103 


rights; and that no man, or set of men, are entitled to exclusive public 
emoluments or privileges from the community. 

§ 2. That all political power is inherent in the people, and all free go- 

vernments are founded on their authority, and instituted for their 
benefit ; and that they have at all times an undeniable and indefeasible 
right to alter their form of government in such manner as they may 
think expedient. 
- § 3. The exercise and enjoyment of religious profession and worship. 
without discrimination, shail for ever be free to all persons in this state, 
provided that the right hereby declared and established shall not be so 
construed as to excuse acts of licentiousness, or to justify practices in- 
consistent with the peace and safety of the state. ; 

§ 4. No preference shall be given by law to any Christian sect or mode 
of worship. 

§ 5. Every citizen may freely speak, write, and publish his senti- 
ments on all subjects, being responsible for the abuse of that liberty. 

§ 6. No law shall ever be passed to curtail or restrain the liberty of 
speech or of the press. 

§7. In all prosecutions or indictments for libels, the truth may be 
given in evidence, and the jury shall have a right to determine the law 
and the facts, under the direction of the court. 

§ 8. The people shall be secure in their persons, houses, papers, and 
possessions, from unreasonable searches, or seizures ; and no warrant to 
search any place, or to seize any person or things, shall issue, without 
describing them as nearly as may be, nor without probable cause, sup- 
ported by oath or affirmation. 

§ 9. In all criminal prosecutions, the accused shall have a right to be 
heard, by himself and by counsel: to demand the nature and cause of 
the accusation ; to be confronted by the witnesses against him; to have 
compulsory process to obtain witnesses in his favour; and in all prose- 
cutions by indictment or information, a speedy public trial by an im- 
partial jury. He shall not be compelled to give evidence against him-. 
self, nor be deprived of life, liberty, or property, but by due course of 
law. And no person shall be holden to answer for any crime, the 
punishment of which may be death or imprisonment for life, unless on 
a presentment or an indictment of a grand jury ; except in the land or 
naval forces, or in the militia, when in actual service, in time of war or 
public danger. 

§ 10. No person shall be arrested, detained, or punished, except in 
cases clearly warranted by law. 

§ 11. The property of no person shall be taken for public use, without 
just compensation therefor. 

§ 12, All courts shall be open, and every person, for an injury done 
him, in his person, property, or reputation, shall, have remedy by due 
course of law, and right and justice administered without sale, denial, or 
delay. 

§ 13. Excessive bail shall not be required, nor excessive fines im- 
posed. 

§ 14. All prisoners shall, before conviction, be bailable by sufficient 
sureties, except for capital offences, where the proof is evident, or the 
presumption great ; and the privileges of the writ of habeas corpus shall 


104 CONSTITUTION OF 


not be suspended, unless when in case of rebellion or invasion the 
public safety may require it; nor in any case, but by the legislature. 

§ 15. No person shall be attainted of treason or felony by the legisla- 
ture. 

§ 16. The citizens have a right, ‘n a peaceable manner, to assemble 
for their common good, and to apply to those invested with the powers 
of government for redress of grievances, or other proper purposes, by pe- 
tition, address, or remonstrance. : 

§ 17. Every citizen has a right to bear arms in defence of himself and 
the state. J 

§ 18. The-military shall, in all cases, and at all times, be in strict 
subordination to the civil power. 

§ 19. No soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner ; nor in time of war, but in a manner 
to be prescribed by law. 

§ 20. No hereditary emoluments, privileges, or honours shall ever he 
granted or conferred in this state. . 

§ 21. The right of trial by jury shall remain inviolate. 


ARTICLE 2, 


Of the Distribution of Powers. 


The powers of government shall be divided into three distinct depart- 
ments, and each of them confided to a separate magistracy, to wit ;— 
those which are legislative, to one; those which are executive, to an- 
other ; and those which are judicial, to another. 


ARTICLE 3, 
Of the Legislative Department. 


§ 1. The legislative power of this state shall be vested in two distinct 
houses or branches ; the one to be styled the senate, the other the house 
of representatives, and both together the general assembly. The style 
of the laws shall be: Be it enacted by the senate and house of repre- 
sentatives in general assembly convened. 

§ 2. There shall be one stated session of the general assembly, to be 
holden each year, alternately at Hartford and New Haven, on the first 
Wednesday of May, and at such other times as the general assembly 
shall judge necessary ; the first session to be holden at Hartford ; but the 
person administering the office of governor, may, on special emergen- 
cies, convene the general assembly at either of said places, at any other 
time. And in case of danger from the prevalence of contagious diseases 
in either of said places, or other circumstances, the person administering 
the office of governor, may, by proclamation, convene said assembly at 
any other place in this state. 

- § 3. The house of representatives shall consist of electors residing in 
towns from which they are elected. The number of representatives from 
each town shall be the same as at present practised and allowed. In case 
a new town shall hereafter be incorporated, such new town shall be en- 
titled to one representative only : and if such new town shall be made 
from one or more towns, the town or towns from which the same shall 
be made, shall be entitled to the same number of representatives as at pre- 


CONNECTIOUT. 105 


sent allowed, unless the number shall be reduced by the consent of such 
town or towns. : 

§ 4. The senate shall consist of twelve members, to be chosen annu 
ally by the electors. 

§ 5. At the meetings of the electors, held in the several towns in this 
state, in April annually, after the election of representatives, the electors 
present shall be called upon to bring in their written ballots for senators. 
The presiding officer shall receive the votes of the electors, and count 
and declare them in open meeting. The presiding officer shall also make 
duplicate lists of the persons voted for, and of the number of votes for 
each, which shall be certified by the presiding officer ; one of which lists 
shall be delivered to the town clerk, and the other, within three days after 
said meeting, shall be delivered, under seal, either to the secretary or to 
the sheriff of the county in which said town is situated ; which list shall 
be directed to the secretary, with a superscription expressing the purport 
of the contents thereof. And each sheriff who shall receive such votes 
shall, within fifteen days after said meeting, deliver, or cause them to be 
delivered, to the secretary. 

§ 6. The treasurer, secretary, and comptroller, for the time being, shall 
canvass the votes publicly. The twelve persons having the greatest num- 
ber of votes for senators shall be declared to be elected. But, in cases 
where no choice is made by the electors, in consequence of an equality 
of votes, the house of representatives shall designate, by ballot, which of 
the candidates having such equal number of votes shall be declared to be 
elected. The return of votes, and the result of the canvass, shall be sub- 
mitted to the house of representatives, and also to the senate, on the first. 
day of the session of the general assembly, and each house shall be the 
final judge of the election returns and qualifications of its own members. 

§ 7. The house of representatives, when assembled, shall choose a 
speaker, clerk, and other officers. 'T'he senate shall choose its clerk and 
other officers, except the president. A majority of each house shall con- 
stitute a quorum to do business; but a smaller number may adjourn 
from day to day, and compel the attendance of absent members in such 
manner, and under such penalties, as each house may prescribe. 

§ 8. Each house shall determine the rules of its own proceedings, 
punish members for disorderly conduct, and, with the consent of two- 
thirds, expel a member, but not a second time for the same cause ; and 
shall have all other powers necessary for a branch of the legislature of a 
free and independent state. 

§ 9. Each house shall keep a journal of its proceedings, and publish 
the same when required by one-fifth of its members, except such parts as, 
in the judgment of a majority, require secrecy. ‘The yeas and nays of 
the members of either house shall, at the desire of one-fifth of those pre- 
sent, be entered on the journals. 

§ 10. The senators and representatives shall, in all cases of civil pro- 
cess, be privileged from arrest during the session of the general assembly, 
and for four days before the commencement and after the termination 
of any session thereof. And for any speech or debate in either house, 
they shall not be questioned in any other place. ; 

§ 11. The debates of each house shall be public, except on such occa- 
sions as in the opinion of the house may require secrecy. 


106 CONSTITUTION OF 


ARTICLE 4, 
Of the Executive Department. 


§ 1. The supreme executive power of the state shall be vested in a 

governor, who shall be chosen by the electors of the state, and shall hold 
~ his office for one year from the first Wednesday of May next succeeding 
his election, and until his successor be duly qualified. No person who 
is not an elector of this state, and who has not arrived at the age of 
thirty, shall be eligible. 

§ 2. At the meetings of the electors, in the respective towns, in the 
month of April in each year, immediately after the election of senators, 
the presiding officers shall call upon the electors to bring in their ballots 
for him whom they would elect to be governor, with his name fairly 
written. When such ballots shall have been received and counted, in 
the presence of the electors, duplicate lists of the persons voted for, and 
of the number of votes given for each, shall be made and certified by the 
presiding officer, one of which lists shall be deposited in the office of the 
town clerk, within three days, and the other within ten days after the 
said election, shall be transmitted to the secretary, or to the sheriff of the 
county in which such election shall have been held. The sheriff re- 
ceiving said votes shall, deliver, or cause them to be delivered, to the 
secretary, within fifteen days next after said election. ‘The votes so re- 
tumed shall be counted by the treasurer, secretary, and comptroller. 
within the month of April: A fair list of the persons and number of 
* votes given for each, together with the returns of the presiding officers, 
shall be, by the treasurer, secretary, and comptroller, made and laid be- 
fore the general assembly then next to be holden, on the first day of the 
session thereof; and said assembly shall, after examination of the same, 
declare the person whom they shall find to be legally chosen, and give 
him notice accordingly. If no person shall have a majority of the whole 
number of said votes, or if two or more shall have an equal and the 
greatest number of said votes, then said assembly on the second day of 
their session, by joint ballot of both houses, shall proceed, without debate, 
to choose a governor from a list of the names of the two persons having 
the greatest number of votes, or of the names of the persons having an 
equal and highest number of votes so returned as aforesaid. The gene- 
ral assembly shall by law prescribe the manner in which all questions 
concerning the election of a governor or lieutenant-governor shall be de- 
termined. 

§ 3. At the annual meetings of the electors, immediately after the elec- 
tion of governor, there also shall be chosen, in the same manner as is herein 
before provided for the election of governor, a lieutenant-governor, who 
shall continue in office for the same time, and possess the same qualifi- 
cations. 

§ 4. The compensations of the governor, lieutenant-governor, sena- 
tors, and representatives shall be established by law, and shall not be 
varied so as to take effect until after an election which shall next suc- 
ceed the passage of the law establishing said compensation, 

§ 5. The governor shall be captain-general of the militia of the state 
except when called into the service of the United States. 

§ 6, He may require information, in writing, from the officers in the 


; CONNECTICUT. 107 


executive department, on any subject relating to the duties of their re« 
spective offices. 

§ 7. The governor, in case of a disagreement between the two houses 
of the general assembly respecting the time of adjournment, may ad- 
journ them to such time as he shall think proper, not beyond the day 
of the next stated session. 

§ 8. He shall, from time to time, give to the general assembly in- 
formation of the state of the government, and recommend to their con- 
sideration such measures as he shall deem expedient. 

§ 9. He shall take care that the laws be faithfully executed. 

§ 10. The governor shall have power to grant reprieves, after con- 
viction, in all cases except those of impeachment, until the end of the 
next session of the general assembly, and no longer. 

§ 11. All commissions shall be in the name and by authority of the 
state of Connecticut; shall be sealed with the state seal, signed by the 
governor, and attested by the secretary. 

§ 12. Every bill which shall have passed both houses of the general 
assembly, shall be presented to the governor. If he approve, he shall 
sign and transmit it to the secretary; but if not, he shall return it to the 
house in which it originated, with his objections, which shall be entered 
on the journals of the house ; who shall proceed to reconsider the bill. 
If, after such reconsideration, that house shall again pass it, it shall be 
sent, with the objections, to the other house, which shall also reconsider 
it. If approved, it shall become a law. But, in such cases, the votes 
of both houses shall be determined by yeas and nays; and the names 
of the members voting for and against the bill shall be entered on the 
journals of each house respectively. If the bill shall not be returned 
by the governor within three days (Sunday excepted) after it shall 
have been presented to him, the same shall be a law in like manner as 
"if he had signed it; unless the general assembly, by their adjournment, 
prevents its return, in which case it shall not be a law. 

§ 13. The lieutenant-governor shall, by virtue of his office, be pre- 
sident of the senate, and have when in committee of the whole a 
right to debate, and, when the senate is equally divided, to give the 
casting vote. 

§ 14. In case of the death, resignation, refusal to serve, or removal 
from office of the governor, or of his impeachment, or absence from 
the state, the lieutenant-governor shall exercise the powers and au- 
thority appertaining to the office of governor, until another be chosen 
at the next periodical election for governor, and be duly qualified ; or 
until the governor impeached or absent shall be acquitted or return. 

§ 15. When the government shall be administered by the lieutenant- 
governor, or he shall be unable to attend as president of the senate, the 
senate shall elect one of their members as president pro tempore. And 
if, during the vacancy of the office of governor, the lieutenant-governor 
shall die, resign, refuse to serve, to be removed from office, or if he 
shall be impeached, or absent from the state, the president of the senate 
pro tempore shall, in like manner, administer the government until he 
be superseded by a governor or lieutenant-governor. 

§ 16. If the lieutenant-governor shall be required to administer the 
government, and shall, while in such administration, die or resign during 
the recess of the general assembly, it shall be the duty of the secretary, 


108 CONSTITUTION. OF 


for the time being, to convene the senate for the purpose of choosing a 
president pro tempore. 

§ 17. A treasurer shall annually be chosen by the electors at their 
meeting in April; and the votes shall be returned, counted, canvassed, 
and declared, in the same manner as is provided for the election of 
governor and lieutenant-governor ; but the votes for the treasurer shall 
be canvassed by the secretary and comptroller only. He shall receive 
all moneys belonging to the state, and disburse the same only as he 
may be directed by law. He shall pay no warrant or order for the dis- 
bursement of public money, until the same has been registered in the 
office of the comptroller. 

§ 18. A secretary shall be chosen next after the treasurer, and in the 
same manner; and the votes for secretary shall be returned to, and 
counted, canvassed, and declared by the treasurer and comptroller. He 
shall have the safe keeping and custody of the public records and docu- 
ments, and particularly of the acts, resolutions, and orders of the general 
assembly, and record the same; and perform all such duties as shall be 
prescribed by law. He shall be the keeper of the seal of the state, which 
shall not be altered. 

§ 19. A comptroller of the public accounts shall be annually ap- 
pointed by the general assembly. He shall adjust and settle all public 
accounts and demands, except grants and orders of the general assein- 
bly. He shall prescribe the mode of keeping and rendering all public 
accounts. He shall, ex officio, be one of the auditors of the accounts of 
the treasurer. 'The general assembly may assign to him other duties in 
relation to his office, and to that of the treasurer, and shall prescribe 
the manner in which his duties shall be performed. 

§ 20. A sheriff shall be appointed in each county, by the general as 
sembly, who shall hold his office for three years, removable by said.as- 
sembly, and shall become bound, with sufficient sureties, to the treasurer 
of the state for the faithful discharge of the duties of his office, in 
such manner as shall be prescribed by law: in case the sheriff of any 
county shall die or resign, the governor may fill the vacancy occasioned 
thereby, until the same shall be filled by the general assembly. 

§ 21. A statement of all receipts, payments, funds, and debts of the 
state, shall be published, from time to time, in such manner, and at such 
periods, as shall be prescribed by law. 


ARTICLE 5, 


Of the Judicial Department. 


§ 1. The judicial power of the state shall be vested in a supreme 
court of errors, a superior court, and such inferior courts as the general 
assembly shall, from time to time, ordain and establish ; the powers and 
jurisdiction of which courts shall be defined by law. 

§ 2, There shall be appointed in each county a sufficient number of 
justices of the peace, with such jurisdiction in vivil and criminal cases 
as the general assembly may prescribe. 

§ 3. The judges of the supreme court of errors, of the superior and 
inferior courts, and all justices of the peace shall be appointed by the 
general assembly, in such manner as shall by law be prescribed. The 
judges of the supreme court, and of the superior court, shall hold their 


CONNECTICUT. 109 


offices during good behaviour; but may be removed by impeachment ; 
and the governor shall also remove them on the address of two-thirds 
of the members of each house of the general assembly ; all other judges 
and justices of the peace shall be appointed annually. No judge or jus- 
tice of the peace shall be capable of holding his office after he shall arrive 
at the age of seventy years. 


ARTICLE 6, 
Of the Qualifications of Electors. 


§ 1. All persons who have been, or shall hereafter, previous to the 
ratification of this constitution, be admitted freemen, according to the 
existing laws of this state, shall be electors. 

§ 2. Every white male citizen of the United States, who shall have 
gained a settlement in this state, attained the age of twenty-one. years, 
and resided in the town in which he may offer himself to be admitted 
to the privilege of an elector, at least six months preceding, and have a 
freehold estate of the yearly value of seven dollars, in this state; or 
having been enrolled in the militia, shall have performed military duty 
therein, for. the term of one year next preceding the time he shall offer 
himself for admission, or being liable thereto, shall have been, by au- 
thority of law, excused therefrom ; or shall have paid a state tax within 
the year next preceding the time he shall present himself for such 
adinission, and shall sustain a good moral character, shall, on his taking 
such oath as may be prescribed by law, be an elector. 

§ 3. The privileges sf an elector shall be forfeited, by a conviction of 
bribery, forgery, perjury, duelling, fraudulent bankruptcy, theft, or other 
offence, for which an infamous punishment is inflicted. 

§ 4. Every elector shall be eligible to any office in this state, except 
in cases provided for in this constitution. 

§ 5. The selectmen and town clerk of the several towns shall decide 
on the qualifications of electors, at such times, and in such manner, as 
may be prescribed by law. 

§ 6. Laws shall be made to support the privilege of free sufftage, 
prescribing the manner of regulating and conducting meetings of the 
electors, and prohibiting, under adequate penalties, all undue influence 
therein, from power, bribery, tumult, and other improper conduct. 

§ 7. In all elections of officers of the state, or members of the general 
assembly, the votes of the electors shall be by ballot. 

§ 8. At all elections of officers of the state, or members of the general 
assembly, the electors shall be privileged from arrest during their attend- 
ance upon, and going to and returning from, the same, on any civil 
process. ‘ 

§ 9. The meetings of the electors for the election of the several state 
officers, by law annually to be elected, and members of the general as- 
sembly of this state, shall be holden on the first Monday of April in 
each year, 


ARTICLE 7, 
Of Religion. 


§ 1. It being the duty of all men to worship the Supreme Being, the 
great Creator and Preserver of the Universe, and their right to render 
K 


110 CONSTITUTION OF 


that worship in the mode most consistent with the dictates of their 
consciences: no person shall, by law, be compelled to join or support, 
nor be classed with, or associated to, any congregation, church, or re- 
ligious association. But every person now belonging to such congrega- 
tion; church, or religious association, shall remain a member thereof, 
until he shall have separated himself therefrom, in the manner herein- 
after provided. And each and every society or denomination of Chris- 
tians in this state, shall have and enjoy the same and equal powers, 
rights, and privileges; and shall have power and authority to support and 
maintain the ministers or teachers of their respective denominations, 
and to build and repair houses for public worship, by a tax on the mem- 
bers of any such society only, to be laid by a major vote of the legal 
voters assembled at any society meeting, warned and held according to 
law, or in any other manner, 

§ 2. If any person shall choose to separate himself from the society or 
denomination of Christians to which he may belong, and shall leave a 
written notice thereof with the clerk of such society, he shall there- 
upon be no longer liable for any future expenses which may be incurred 
by said society. . 


ARTICLE 8, 


Of Education. 


§ 1. The charter of Yale college, as modified by agreement with the 
corporation thereof, in pursuance of an act of the general assembly, 
passed in May, 1792, is hereby confirmed. 

§ 2. The fund, called the School Fund, shall remain a perpetual fund, 
the interest of which shall be inviolably appropriated to the support and 
encouragement of the public or common schools throughout the state, 
and for the cqual benefit of all the people thereof. The value and 
amount of said fund shall, as soon as practicable, be ascertained in such 
manner as the general assembly may prescribe, published, and recorded - 
in the comptroller’s office ; and no law shall ever be made authorizing 
said fund to be diverted to any other use than the encouragement and 
support of public or common schools, among the several school societies, 
~ as justice and equity shall require. 


ARTICLE 9, 
Of Impeachments. 


§ 1. The house of representatives shall have the sole power of im- 
reaching. 
§ 2. All impeachments shall be tried by the senate. When sitting 
for that purpose, they shall be on oath or affirmation. No person shall 
be convicted without the concurrence of two-thirds of the members pre- 
sent. When the governor is impeached, the chief justice shall preside. 

§ 3. The governor, and all other executive and judicial officers, shall 
- be liable to impeachment; but judgment in such cases shall not extend 
further than to removal from office, and disqualifications to hold any office 
of honour, trust, or profit, under this state. The party convicted shall, 
nevertheless, be liable and subject to indictment, trial, and punishment, 
according to law. 


CONNECTICUT. 111 


§ 4, Treason against the state shall consist only in levying war against 
it, or adhering to its enemies, giving them aid and comfort. No person 
shall be convicted of treason, unless on the testimony of two witnesses to 
the same overt act, or on confession in open court. No conviction of 
treason or attainder shall work corruption of blood or forteiture. 


ARTICLE 10. 
General Provisions. 


§ 1. Members of the general assembly, and all officers, executive, and 
judicial, shall, before they enter on the duties of their respective offices, 
take the following oath or affirmation, to wit: 

You do solemnly swear, (or affirm, as the case may be,) that you will 
support the constitution of the United States, and the constitution of the 
state of Connecticut, so long as you continue a citizen thereof ; and that 
you will faithfully discharge, according to law, the duties of the office of 
to the best of your abilities. So help you God. 

§ 2. Each town shall annually elect selectmen, and such officers of 
local police, as the laws may prescribe. 

§ 3. The rights and duties of all corporations shall remain as if this 
constitution had not been adopted ; with the exception of such regula- 
tions and restrictions as are contained in this constitution. All judicial 
and civil officers now in office, who have been appointed by the general 
assembly, and commissioned according to law, and all such officers as 
shall be appointed by the said assembly, and commissioned as aforesaid, 
before the first Wednesday of May next, shall continue to hold their 
offices until the first day of June next, unless they shall, before that time, 
resign or be removed from office according to law.. ‘The treasurer and 
secretary shall continue in office until a treasurer and secretary shall be 
appointed under this constitution. All military officers shall continue to 
hold and exercise their respective offices, until they shall resign, or be 
removed according to law. All laws not contrary to, or inconsistent with, 
the provisions of this constitution, shall remain in force until they shall 
expire by their own limitation, or shall be altered or repealed by the gene- 
ral assembly, in pursuance of this constitution. The validity of all bonds, 
debts, contracts, as well of individuals as of bodies corporate, or the state, 
of all suits, actions, or rights of action, both in law and equity, shall con- 
tinue as if no change had taken place. The governor, lieutenant-gover- 
nor, and general assembly, which is to be formed in October next, shall 
have, and possess, all the powers and authorities not repugnant to, or in- 

‘consistent with, this constitution, which they now have and possess 
until the first Wednesday of May next. 

§ 4. No judge of the superior court, or of the supreme court of errors : 

o member of congress ; no person holding any office under the authority 
of the United States ; no person holding the office of treasurer, secretary, 
or comptroller; no sheriff or sheriff’s deputy ; shall be a member of the 
general assembly. 


ARTICLE LI, 


Of Amendments of the Constitution. 


Whenever a majority of the house of representatives shall deem it 
necessary to alter or amend this constitution, they may propose such al- 


~ 


112 CONSTITUTION OF 


terations and amendments; which proposed amendments shall be con- 
tinued to the next general assembly, and be published with the laws 
which may have been passed at the same session ; and if two-thirds of 
each house, at the next session of said assembly, shall approve the amend- 
ments proposed, by yeas and nays, said amendments shall, by the secre- 
tary, be transmitted to the town clerk in each town in this state ; whose 
duty it shall be to present the same to the inhabitants thereof, for their 
consideration, at a town meeting, legally warned and held for that pur- 
pose ; and if it shall appear, in a manner to be provided by law, that a 
majority of the electors present at such meetings shall have approved 
such amendments, the same shall be valid, to all intents and purposes, 
as a partof this constitution. : 

Done in convention, on the fifteenth day of September, in the year 
of our Lord one thousand eight hundred and eighteen, and of the In- 
dependence of the United States the forty-third. 

By order of the convention. 
OLIVER WOLCOTT, President. 
James Lanman, 
Rogert Farrcaixp, ¢ Clerks. 


CONSTITUTION OF NEW YORK, 


AS AMENDED. 


We, the people of the state of New York, acknowledging with grati- 
tude the grace and beneficence of God in permitting us to make choice 
of our form of government, do establish this constitution. . 


ARTICLE I, 


§ 1. The legislative power of this state shall be vested in a senate and 
an assembly. 

2. The senate shall consist of thirty-two members. The senators shall 
be chosen for four years, and shall be freeholders. The assembly shall 
consist of one hundred and twenty-eight members, who shall be annu- 
ally elected. 

3. A majority of each house shall constitute a quorum to do business, 
Each house shall determine the rules of its own proceedings, and be the 
judges of the qualifications of its own members. Each house shall 
choose its own officers, and the senate shall choose a temporary presi- 
dent, when the lieutenant-governor shall not attend as president, or shall 
act.as governor. 

4, Each house shall keep a journal of its proceedings, and publish the 
same, except such parts as may require secrecy. ‘The doors of each 
house shall be kept open, except when the public welfare shall require 
secrecy. Neither house shall, without the consent of the other, adjourr 
for more than two days, 


NEW YORK. 113 


5. The state shall be divided into eight districts, to be called senate 
districts, each of which shall choose four senators. 

The first district shall consist of the counties of Suffolk, Queens, Kings, 
Richmond, and New York. 

The second district shall consist of the counties of Westchester, Put- 
nam, Dutchess, Rockiand, Orange, Ulster, and Sullivan. 

The third district shall consist of the counties of Green, Columbia, 
Albany, Rensselaer, Schoharie, and Schenectady. 

The fourth district shall consist of the counties of Saratoga, Mont- 
gomery, Hamilton, Washington, Warren, Clinton, Essex, Franklin, and 
St. Lawrence. 

The fifth district shall consist of the counties of Herkimer, Oneida, 
Madison, Oswego, Lewis, and Jefferson. 

The sixth district shall consist of the counties of Delaware, Otsego, 
Chenango, Broome, Cortland, Tompkins, and Tioga. 

The seventh district shall consist of the counties of Onondago, Cayu- 
ga, Seneca, and Ontario. 

The eighth district shal] consist of the counties of Steuben, Livings- 
ton, Monroe, Genesee, Niagara, Erie, Allegany, Cattaraugus, and Chau- 
tauque. 

And as soon as the senate shall meet, after the first election to be held 
in pursuance of this constitution, they shall cause the senators to be di- 
vided by lot. into four classes, of eight in each, so that every district shall 
have one senator of each class: the classes to be numbered, one, two, 
three, and four. And the seats of the first class shall be vacated at the end 
of the first year; of the second class, at the end of the second year ; of 
the third class, at the end of the third year; of the fourth class, at the 
end of the fourth year ; in order that one senator be annually elected in 
each senate district. q 

6. An enumeration of the inhabitants of the state shall be taken, un- 
der the direction of the legislature, in the year one thousand eight hun- 
dred and twenty-five, and at the end of every ten years thereafter ; and 

the said districts shall be so altered by the legislature, at the first session 
after the return of every enumeration, that each senate district shall 
contain, as nearly as may be, an equal number of inhabitants, excluding 
aliens, paupers, and persons of colour not taxed ; and shall remain unal- 
tered, until the return of another enumeration, and shall at all times con 
sist of contiguous territory ; and no county shall be divided in the forma- 
tion of a senate district. 

7. 'The members of the assembly shall be chosen by counties, and, 
shall be apportioned among the several counties of the state, as nearly as 
may be, according to the numbers of their respective inhabitants, ex- 
cluding aliens, paupers, and persons of colour, not taxed. An appor- 
tionment of members of assembly shall be made by the legislature, at 
its first session after the return of every enumeration ; and, when made, 
shall remain unaltered until another enumeration shall have been taken. 
But an apportionment of members of the assembly shall be made by the 
present legislature according to the last enumeration, taken under the 
authority of the United States,as nearly as may be. Every county here- 
tofore established, and separately organized, shall always be entitled to 
one member of the assembly, and no new county shall hereafter be erect- 
ed, unless its population shall entitle it to a member, 

K 2 


114 CONSTITUTION OF 


8. Any bill may originate in either house of the legislature ; and all 
bills passed by one house, may be amended by the other. 

9. The members of the legislature shall receive for their services a 
compensation to be ascertained by law, and paid out of the public trea- 
sury ; but no increase of the compensation shall take effect during the 
year in which it shall have been made. And no law shall be passed m- 
creasing the compensation of the members of the legislature beyond the 
sum of three dollars a day. 

10. No member of the legislature shall receive any civil appointment 
from the governor and senate, or from the legislature during the term 
for which he shall have been elected. 

11. No person being a member of congress, holding any judicial or 
military office under the United States, shall hold a seat in the legisla- 
ture. And if any person shall, while a member of the legislature, be 
elected to congress, or appointed to any office, civil or military, under the 
United States, his acceptance thereof, shall vacate his seat. 

12. Every bill which shall have passed the senate and assembly shall, 
before it become a law, be presented to the governor: if he approve, he 
shall sign it, but if not, he shall return it with his objections to that house 
in which it shall have originated, who shall enter the objections at large 
on their journal, and proceed to reconsider it : if, after such reconsidera- 
tion, two-thirds of the members present shall agree to pass the bill, it 
shall be sent, together with the objections, to the other house, by which 
it shall likewise be reconsidered; and if approved by two-thirds of the 
members present, it shall become a law ; but in all such cases, the votes 
of both houses shall be determined by yeas and nays, and the names of 
the persons voting for and against the bill shall be entered on the jour- 
nals of each house respectively ; if any bill shall not be returned by the 

“ governor within ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law, in like manner as if he had 
signed it, unless the legislature shall, by their adjournment, prevent its 
return ; in which case it shall not be a law. 

13. All officers holding their office during good behaviour may be 
removed by joint resolution of the two houses of the legislature, if two- 
thirds of all the members elected to the assembly, and a majority of all 
the members elected to the senate, concur therein. 

14, The political year shall begin on the first day of January ; and the 
legislature shall every year assemble on the first Tuesday in January, 
unless a different day shall be appointed by law. 

15. The next election for governor, lieutenant-governor, senators, and 
members of assembly, shall commence on the first Monday of Novem- 
ber, one thousand eight hundred and twenty-two; and all subsequent 
elections shall be held at such time, in the month of October or Novem- 
ber, as the legislature shall by law provide. 

16. The governor, lieutenant-governor, senators, and members of as 
“sembly, first elected, under this constitution, shall enter on the duties of 

their respective offices on the first day of January, one thousand eight 
hundred and twenty-three ; and the governor, lieutenant-governor, sen- 
ators, and members of assembly, now in office, shall continue to hold the 
same, until the first day of January one thousand eight hundred and 
twenty-three, and no longer. 


+4 


NEW YORK. 115 


ARTICLE 2. 


1. Every male citizen of the age of twenty-one years, who shall have 
been an inhabitant of this state one year preceding any election, and 
for the last six months a resident of the town or county where he may 
offer his vote ; and shall have, within the year next preceding the elec- 
tion, paid a tax to the state or county, assessed upon his real or personal 
property ; or shall by law be exempted from taxation; or being armed 
and equipped according to law, shall have performed ‘within that year 
military duty in the militia of this state ; or who shall be exempted from 
performing militia duty in consequence ‘of being 4 fireman in any city, 
town, or village in this state: And also, every male citizen of the age of 
twenty-one years, who shall have been, for three years next preceding 
such elections, an inhabitant of this state and for the last year, a resident 
in the town or county, where he may offer his vote ; and shall have been, 
within the last year assessed to labour upon the public highways, and 
shall have performed the labour, or paid an equivalent therefor, accord- 
ing to law; shall be entitled to vote in the town or ward where he actu- 
ally resides, and not elsewhere, for all officers that now are, or here- 
after may be, elective by the people; but no man of colour, unless he 
shall have been for three years a citizen of this state, and for one year 
next preceding any election shall be seized and possessed of a freehold 
estate of the value of two hundred and fifty dollars, over and above all 
debts and incumbrances charged thereon ; and shall have been actually 
rated, and paid a tax thereon, shall be entitled to vote at such election. 
And no person of colour shall be subject to direct taxation, unless he 
shall be seized and possessed of such real estate as aforesaid. 

2. Laws may be passed, excluding from the right of suffrage persons 
who have been, or may be, convicted of infamous crimes. 

3. Laws shall be made for ascertaining, by proper proofs, the citi- 
zens who shall be entitled to the right of suffrage, hereby estab- 
lished. 

4, All elections by the citizens shall be by ballot, except for such town 
_ Officers, as may by law be directed to be otherwise chosen. 


ARTICLE 3. 


§ 1. The executive power shall be vested in a governor. He shall 
hold his office for two years; and a lieutenant-governor shall be chosen 
at the same time, and for the same term. 

2. No person, except a native citizen of the United States, shall be 
eligible to the office of governor, nor shall any person be eligible to that 
office who shall not be a freeholder, and shall not have attained the age 
of thirty years, and have been five years a resident within the state ; 
unless he shall have been absent during that time on public business of 
the United States, or of this state. 

3. The governor and lieutenant-governor shall be elected at the times 
and places of choosing members of the legislature. ‘The persons respec- 
tively having the highest number of votes for governor, and lieutenant- 
governor, shall be elected ; but in case two or more shall have an equal 
and the highest number of votes for governor, or for lieutenant-governor, 
the two houses of the legislature shall, by joint ballot, choose one of the 


116 CONSTITUTION OF 


said persons, so having an equal and the highest number of votes, for 
governor or lieutenant-governor.. 

4, The governor shall be general and commander-in-chief of all the 
militia, and admiral of the navy of the state. He shall have power to 
convene the legislature (or the senate only) on extraordinary occa- 
sions. He shall communicate by message to the legislature, at every 
session, the condition of the state; and recommend such matters to 
them as he shall judge expedient. He shall transact all necessary 
business with the officers of government, civil and military. He shall 
expedite all such measures as may be resolved upon by the legislature, 
and shall take care that the laws’are faithfully executed. He shall, at 
stated times, receive for his services a compensation, which shall neither 
be increased or diminished during the term for which he shall have been 
elected. 

5. The governor shall have power to grant reprieves and pardon after 
conviction, for all offences, except treason and cases of impeachment. 
Upon convictions for treasons, he shall have power to suspend the 
execution of the sentence, until the case shall be reported to the le- 
gislature at its next meeting ; when the legislature shall either par- 
don, or direct the execution of the criminal, or grant a further re- 
prieve. 

6. In case of the impeachment of the governor or his removal from 
office, death, resignation, or absence from the state, the powers and duties 
of the office shall devolve upon the lieutenant-governor for the residue 
of the term, or until the governor absent or impeached shall return or be 
acquitted. But when the governor shall, with the consent of the legis- 
lature, be out of the state in time of war, at the head of a military force 
thereof, he shall still continue commander-in-chief of all the military 
force of the state. 

7. The lieutenant-governor shall be president of the senate, but shall 
have only a casting vote therein. If, during a vacancy of the office 
of governor, the lieutenant-governor shall be impeached, displaced, 
resign, die, or be absent from the state, the president of the senate shall 
act as governor, until the vacancy shall be filled, or the disability shall 
cease. 


ARTICLE 4, 


§ 1. Militia officers shall be chosen, or appointed, as follows: Cap- 
tains, subalterns, and non-commissioned officers shall be chosen by the 
written votes of the members of their respective companies. Field-offi- 
cers of regiments, and separate battalions, by the written votes of the 
commissioned officers of the respective regiments, and separate batta- 
lions. Brigadier-generals, by the field officers of their respective brigades. 
Major-generals, brigadier-generals, and commanding officers of regiments 
or separate battalions, shall appoint the staff-officers to their respective 
divisions, brigades, regiments, or separate battalions. 

2. The governor shall nominate, and, with the consent of the senate, 
appoint, all major-generals, brigade-inspectors, and-chiefs in the staff de- 
partments, except the adjutants-general and commissary-general. The 
adjutant-general shall be appointed by the governor. 

3. The legislature shall, by law, direct the time and manner of 


~ 


NEW YORK. EV 


electing militia officers, and of certifying their elections to the go- 
vernor. 

4, The commissioned officers of the militia shall be commissioned by 
the governor; and no commissioned officer shall be removed from office 
unless by the senate on the recommendation of the governor, stating the 
grounds on which such removal is recommended, or by the decision 
of a court-martial, pursuant to law. The present officers of the militia 
shall hold their commissions, subject to removal, as before provided. 

5. In case the mode of election and appointment of militia officers 
hereby directed, shall not be found conducive to the improvement of the 
militia, the legislature may abolish the same, and provide by law for 
their appointment and removal, if two-thirds of the members present in 
each heuse shall concur therein. 

6. The secretary of state, comptroller, treasurer, attorney-general, 
surveyor-general, and commissary-general shall be appointed as follows: 
The senate and assembly shall each openly nominate one person for the 
said offices respectively: after which, they shall meet together, and if 
they shall agree in their nominations, the person so nominated shall be 
appointed to the office for which he shall be nominated. If they shall 
disagree, the appointment shall be made by the joint ballot of the sen- 
ators and members of assembly. The treasurer shall be chosen annually. 
The secretary of state, comptroller, attorney-general, surveyor-general, 
and commissary-general, shall hold their offices for three years, un- 
less sooner removed by concurrent resolutions of the senate and as- 
sembly. 

7. The governor shall nominate, by message, in writing, and with the 
consent of the senate, shall appoint all judicial officers, except justices of 
the peace, who shall be appointed in manner following, that is to say: 
The board of supervisors in every county in this state, shall, at such 
times as the legislature may direct, meet together: and they or a ma- 


"jority of them so assembled, shall nominate so many person’ as shall be 


equal to the number of justices of the peace, to be appointed in the 
several towns in the respective counties. And the judges of the respec- 
tive county courts, or a majority of them, shall also meet and nominate 
a like number of persons: and it shall be the duty of the said boards of 
supervisors, and judges of county courts, to compare such nominations, 
at such time and place as the legislature may direct; and if, on such 
comparison, the said boards of supervisors and judges of county courts 
shall agree in their nominations, in all or in part, they shall file a certi- 
ficate of the nominations in which they shall agree in the office of the 
clerk of the county; and the person or persons named in such certifi- 
cates shall be justices of the peace ; and in case of disagreement in whole 
or in part, it shall be the further duty of the said boards of supervisors 


‘and judges, respectively, to transmit their said nominations, so far as 


they disagree in the same, to the governor, who shall select from the 
said nominations, and appoint so many justices of the peace as shall 
be requisite to fill the vacancies. Every person appointed a justice of 
the peace shall hold his office for four years, unless removed by the 
county court, for causes particularly assigned by the judges of the said 
court. And no justice of the peace shall be removed, until he shall 
have notice of the charges made against him, and an opportunity of 
Leing heard in his defence, 


118 CONSTITUTION OF 


8. Sheriffs, and clerks of counties, including the register, and clerks 
of the city and county of New York, shall be chosen by the electors of 
the respective counties, once in every three years, and as often as vacan- 
cies shall happen. Sheriffs shall hold no other office, and be ineligible 
_for the next three years after the termination of their offices. They may 
be required by law to renew their security, from time to time, and in 
default of giving such new security, their offices shall be deemed 
vacant. But the county shall never be made responsible for the acts 
of the sheriff. And the governor may remove any such sheriff, clerk, or 
register, at any time within the three years for which he shall be elect- 
ed, giving to such sheriff, clerk, or register a copy of the charges against 
him, and an opportunity of being heard in his defence, before any re- 
moval shall be made. 

9. The clerks of courts, except those clerks whose appointment is 
provided for in the preceding section, shall be appointed by the courts 
of which they respectively are clerks; and district attorneys, by the 
county courts. Clerks of courts, and district attorneys, shall hold their 
offices for three years, unless sooner removed by the courts appointing 
them. 

10. The mayors of all the cities in this state shall be appointed an- 
nually by the common councils of their respective cities. 

11, So many coroners as the legislature may direct, not exceeding 
four in each county, shall be elected in the same manner as sheriffs, 
and shall hold their offices for the same term, and be removable in like 
manner. 

12. The governor shall nominate, and, with the consent of the sen- 
ate, appoint masters and examiners in chancery ; who shall hold their 
offices for three years, unless sooner removed by the senate, on the 
recommendation of the governor. The registers, and assistant-registers, 
shall be appointed by the chancellor, and hold their offices during his | 
pleasure. ~ 

13. The clerk of the court of oyer and terminer, and general sessions 
of the peace, in and for the city and county of New York, shall be ap- 
pointed by the court of general sessions of the peace in said city, and 
hold his office during the pleasure of said court; and such clerks and 
other officers of courts, whose appointment is not herein provided for, 
shall be appointed by the several courts ; or by the governor, with the 
consent of the senate, as may be directed by law. 

14. The special justices, and the assistant-justices, and their clerks, 
in the city of New York, shall be appointed by the common council of 
the said city; and shall hold their offices for the same term that the jus- 
tices of the peace, in the other counties of this state, hold their offices, 
and shall be removable in like manner. 

15. All officers heretofore elective by the people shall continue to be 
elected ; and all other officers, whose appointment is not provided for by 
this constitution, and all officers, whose offices may be hereafter created 
by law, shall be elected by the people, or appointed as may by law be 
directed. ; 

16. Where the duration of any office is not prescribed by this con- 
stitution, it may be declared by law ; and if not so declared, such office 
shall be held during the pleasure of the authority making the appoint- 
ment. 


NEW YORK. 119 


ARTICLE 5, 


§ 1. The court for the trial of impeachments, and the correction of 
errors, shall consist of the president of the senate, the senators, the 
chancellors, and the justices of the supreme court, or the major part of 
them : but when an impeachment shall be prosecuted against the chan- 
cellor, or any justice of the supreme court, the person so impeached 
shall be suspended from exercising his office, until his acquittal: and 
when an appeal from a decree in chancery shall be heard, the chancellor 
shall inform the court of the reasons for his decree, but shall have no 
voice in the final sentence; and when a writ of error shall be brought 
on a judgment of the supreme court, the justices of that court shall 
assign the reasons for their judgment, but shall not have a voice for its 
affirmance or reversal. 

2. The assembly shall have the power of impeaching all civil officers 
of this state for mal and corrupt conduct in office, and high crimes and 
misdemeanors : but a majority of all the members elected shall concur 
in an impeachment. Before the trial of an impeachment, the members 
of the court shall take an oath or affirmation, truly and impartially to 
try and determine the charge in question, according to evidence : and no 
person shall be convicted without the concurrence of two-thirds of the 
members present. Judgment, in cases of impeachment, shall not extend 
further than the removal from office, and disqualification to hold and 
enjoy any office of honour, trust, or profit under this state ; but the party 
convicted shall be liable to indictment and punishment, according to 
law. 

3. The chancellor, and justices of the supreme court, shall hold their 
offices during good behaviour, or until they shall attain the age of sixty 
years. 

4. The supreme court shall consist of a chief-justice and two justices, 

.any of whom may hold the court. 

5. The state shall be divided, by law, into a convenient number of cir- 
cuits, not less than four, nor exceeding eight, subject to alteration by 
the legislature, from time to time, as the public good may require ; for 
each of which a circuit judge shall be appointed, in the same manner, 
and hold his office by the same tenure, as the justices of the suprerne 
court ; and who shall possess the powers of a justice of the supreme 
court at chambers, and in the trial of issues joined in the supreme court, 
and in courts of oyer and terminer and jail delivery. And such equity 
powers may be vested in the said circuit judges, or in the county courts, 
or in such other subordinate courts, as the legislature may by law direct, 
subject to the appellate jurisdiction of the chancellor. 

6. Judges of the county courts, and recorders of cities, shall hold 
their office for five years, but may be removed by the senate, on the 
recommendation of the governor, for causes to be stated in such recom- 
mendation. 

7. Neither the chancellor, nor justices of the supreme court, nor any 
circuit judge, shall hold any other office or public trust. All votes for 
any elective office, given by the legislature or the people, for the chan- 
cellor, or a justice of the supreme court, or circuit judge, during his 

“entinuance in his judicial office, shall be void. 


“ 


120 CONSTITUTION OF 


ARTICLE 6. 


§ 1. Members of the legislature, and all officers, executive and judi- 
cial, except such inferior officers as may by law be exempted, shall, 
before they enter on the duties of their respective offices, take and sub- 
scribe the following oath or affirmation : 

I do solemnly swear, (or affirm, as the case may be,) that I will sup- 
port the constitution of the United States, and the constitution of the 
state of New York;-and that I will faithfully discharge the duties of the 
office of according to the best of my ability. 

And no other oath, declaration, or test shall be required as a qualifi- 
cation for any office or public trust. 


ARTICLE 7. 


§ 1. No member of this state shall be disfranchised, or deprived of 
any rights or privileges secured to any citizen thereof, unless by the law 
of the land or the judgment of his peers. 

2. The trial by jury, in all cases in which it has been heretofore used, 
shall remain inviolate for ever; and no new court shall be instituted, 
but such as shall proceed according to the course of the common law ; 
except such courts of equity as the legislature is herein authorized to 
establish. 

3. The free exercise and enjoyment of religious profession and wor- 
ship, without discrimination or preference, shall for ever be allowed in 
this state to all mankind: but the liberty of conscience hereby secured 
shall not be so construed as to excuse acts of licentiousness, or justify 
practices inconsistent with the peace or safety of this state. 

4, And whereas the ministers of the gospel are, by their profession, 
dedicated to the service of God, and the care of souls, and ought not to 
be diverted from the great duties of their functions: therefore, no min- 
ister of the gospel, or priest of any denomination whatsoever, shall, at 
any time hereafter, under any pretence or description whatever, be eligi- 
ble to, or capable of holding any civil or military office or place within 
this state. 

5. The militia of the state shall, at all times hereafter, be armed and 
disciplined, and in readiness for service ; but all such inhabitants of this 
state, of any religious denomination whatever, as from scruples of con- 
science may be averse to bearing arms, shall be excused therefrom, by 
paying to the state an equivalent in money: and the legislature shall 
provide by law for the collection of such equivalent, to be estimated ac- 
cording to the expense in time and money of an ordinary able-bodied 
militia man. 

6. The privilege of the writ of habeas corpus shall not be suspended, 
unless when, in cases of rebellion or invasion, the public safety may 
require its suspension. 

7. No person shall be held to answer for a capital or other infamous 
crime, [except in cases of impeachment, aad in cases of the militia 
when in actual service ; and the land and naval forces in time of war, 
or which this state may keep, with the consent of the congress, in time 
of peace, and in cases of petit larceny, under the regulation of the legis- 
lature ;] unless on presentment, or indictment, of a grand jury ; and in 
every trial on impeachment or indictment, the party accused shall be 


NEW YORK. 121 


allowed counsel as in civil actions. No person shall be subject for the 
same offence to be twice put in jeopardy of life or limb; nor shall he 
be compelled, in any criminal case, to be a witness against himself; nor 
be deprived of life, liberty, or property, without due process of law : nor 
shall private property be taken for public use, without just compensa- 
tion. 

8. Every citizen may freely speak, write, and publish his sentiments 
on all subjects, being responsible for the abuse of that right ; and no law 
shall be passed to restrain or abridge the liberty of speech, or of the 
press. In all prosecutions, or indictments for libels, the truth may be 
given in evidence to the jury: and if it shall appear to the jury, that 
the matter charged as libellous is true, and was published with good mo- 
tives, and for justifiable ends, the party shall be acquitted ; and the jury 
shall have the right to determine the law and the fact. 

9. The assent of two-thirds of the members elected to each branch of 
the legislature shall be requisite to every bill appropriating the public 
moneys or property for local or private purposes, or creating, contin- 
uing, altering, or renewing any body politic or corporate. 

10. The proceeds of all lands belonging to this state, except such 
parts thereof as may be reserved or appropriated to public use, or ceded ~ 
to the United States, which shall hereafter be sold or disposed of, to- 
gether with the fund denominated the common school fund, shall be and 
remain a perpetual fund, the interest of which shall be inviolably ap- 
propriated and applied to the support of common schools throughout 
this state. _ Rates of toll, not less than those agreed to by the canal com- 
missioners, and set forth in their report to the legislature of the twelfth 
of March, one thousand eight hundred and twenty-one, shall be im- 
posed on, and collected from, all parts of the navigable communication 
between the great western and northern lakes and the Atlantic ocean, 
which now are, or hereafter shall be, made and completed ; and the said 
tolls, together with the duties on the manufacture of all salt, as estab- 
lished by the act of the fifteenth of April, one thousand eight hundred 
and seventeen: and the duties on goods sold at auction, excepiing there- 
from the sum of thirty-three thousand five hundred dollars, otherwise 
appropriated by the said act ; and the amount of the revenue, established 
by the act of the legislature of the thirtieth of March, one thousand 
eight hundred and twenty, in lieu of the tax upon steamboat passen- 
gers; shall be and remain inviolably appropriated and applicd to the 
completion of such navigable communications, and to the payment of 
the interest, and reimbursement of the capital, of the money already 
borrowed, or which hereafter shall be borrowed, to make and complete 
the same. And neither the rates of toll on the said navigable commu- 
nications, nor the duties on the manufacture of salt aforesaid, nor the 
dutics on goods sold at auction, as established by the act of the fifteenth 
of April, one thousand eight hundred and seventeen; nor the amount 
of the revenue, established by the act of March the thirtieth, one thou- 
sand eight hundred and twenty, in lieu of the tax upon steamboat pas- 
sengers ; shall be reduced or diverted, at any time, before the full and 
complete payment of the principal and interest of the money borrowed, 
or to be borrowed, as aforesaid. And the legislature shall never sell or 
dispose of the salt springs belonging to this state, nor the lands con- 
tiguous thereto, which may be necessary or convenient for their use, nor 

Te 


122 CONSTITUTION OF 


the said navigable communications, or any part or section thereof, but 
the same shall be and remain the property of this state. 

11. No lottery shall hereafter be authorized in this state; and the 
legislature shall pass laws to prevent the sale of all lottery tickets within 
this state, except in lotteries already provided for by law. 

12. No purchase or contract for the sale of lands in this state, made 
since the fourteenth day of October, one thousand seven hundred and 
seventy-five, or which may hereafter be made, of or with the Indians in 
this state, shall be valid, unless under the authority, and with the con- 
sent of the legislature. 

13. Such parts of the common law, and of the acts of the legislature 
of the colony of New York, as together did form the law of the said 
colony on the nineteenth day of April, one thousand seven hundred and . 
seventy-five, and the resolutions of the congress of the said colony, and 
of the convention of the state of New York, in force on the twentieth 
day of April, one thousand seven hundred and seventy-seven, which 
have not since expired, or been repealed, or altered, and such acts of the 
legislature of this state as are now in force, shall be and continue the 
law of this state, subject to such alterations as the legislature shall make 
concerning the same. But all such parts of the common law, and such 
of the said acts, or parts thereof, as are repugnant to this constitution 
are hereby abrogated. : 

14, All grants of land within this state, made by the king of Great 
Britain, or persons acting under his authority, after the fourteenth day 
of October, one thousand seven hundred and seventy-five, shall be null 
and void ; but nothing contained in this constitution shall affect any 
grants of land within this state, made by the authority of the said king 
or his predecessors, or shall annul any charters to bodies politic and cor- 
porate, by him or them made before that day ; or shall affect any such 
grants or charters since inade by this state, or by persons acting under 
its authority ; or shall impair the obligations of any debts contracted by 
the state, or individuals, or bodies corporate, or any other rights of pro- 
perty, or any suits, actions, rights of action, or proceedings, in courts of 
justice. 


ARTICLE &. 


§ 1. Any amendment or amendments to this constitution may be pro- 
posed in the senate or assembly ; and if the same shall be agreed to by 
a majority of the members elected to each of the two houses, such pro- 
posed amendment, or amendments, shall be entered on their journals, 
with the yeas and nays taken thereon, and referred to the legislature 
then next to be chosen; and shall be published, for three months pre- 
vious to the time of making such choice; and if, in the legislature next 
chosen as aforesaid, such proposed amendment or amendments, shall be 
agreed to by two-thirds of all the members elected to each house, then it 
shall be the duty of the legislature to submit such proposed amendment, 
or amendments, to the people, in such manner, and at such time, as the 
legislature shall prescribe ; and if the people shall approve and ratify 
such amendment, or amendments, by a majority of the electors qualified 
to vote for members of the legislature voting thereon, such amendment 
or amendments shall become part of the constitution. 


NEW YORK. 123 


ARTICLE 9. 


§ 1. This constitution shall be in force from the last day of Decem- 
ber, in the year one thousand eight hundred and twenty-two. But all 
those parts of the same which relate to the right of suffrage, the division 
of the state into senate districts, the number of members of the assembly 
to be elected in pursuance of this constitution, the appointment of mem- 
bers of assembly, the elections hereby directed to commence on the first 
Monday of November, in the year one thousand eight hundred and 
twenty-two, the continuance of the members of the present legislature in 
office until the first day of January, in the year one thousand eight hun- 
dred and twenty-three, and the prohibition against authorizing lotteries, 
the prohibition against appropriating the public moneys or property for 
local or private purposes, or creating, continuing, altering, or renewing 
any body politic, or corporate without the assent of two-thirds of the 
members electéd to each branch of the legislature, shall be in force and 
take effect from the last day of February next. The members of the 
present legislature shall, on the first Monday of March next, take and 
subscribe an oath or affirmation to support the constitution, so far as the 
same shall then be in force. Sheriffs, clerks of counties, and coroners 
shall be elected at the election hereby directed to commence on the first 
Monday of November, in the year one thousand eight hundred and 
twenty-two ; but they shall not enter on the duties of their offices before 
the first day of January then next following. The commissions of all 
persons holding civil offices on the last day of December, one thousand 
eight hundred and twenty-two, shall expire on that day ; but the officers 
then in commission may respectively continue to hold their said offices, 
until new appointments or elections shall take place under this consti- 
tution. 

2. The existing laws, relative to the manner of notifying, holding, and 
conducting elections, making returns, and canvassing votes, shall be in 
force and observed, in respect of the elections hereby directed to com- 
mence on the first Monday of November, in the year one thousand 
eight hundred and twenty-two, so far as the same are applicable. And 
the present legislature shall pass such other and further laws, as may be 
‘ requisite for the execution of the provisions of this constitution, in re- 
spect to elections. 

Done in convention, at the capitol, in the city of Albany, the tenth 
day of November, in the year one thousand eight hundred and 
twenty-one, and of the independence of the United States of Ame- 
rica the forty-sixth. 

In witness whereof, we have hereunto subscribed our names. 

DANIEL D, TOMPKINS, President. 
Joun F. Bacon, s 2 
- ecretaries. 
Samvet 8. ola: 


124 CONSTITUTION OF 


Pe.) 


CONSTITUTION OF NEW JERSEY 


ee 


Warnes, all the constitutional authority ever possessed by the kings 
of Great Britain over these colonies,* or their other dominions, was, by 
compact, derived from the people, and held of them, for the common in- 
terest of the whole society ; allegiance and protection are, in the nature 
of things, reciprocal ties, each equally depending upon the other, and 
liable to be dissolved by the others being refused or withdrawn: And 
whereas George the Third, king of Great Britain, has refused protection 
to the good people of these colonies ; and, by assenting to sundry acts 
of the British parliament, attempted to subject them to the absolute do- 
minion of that body ; and has also made war upon them, in the most 
cruel and unnatural manner, for no other cause than asserting their just 
rights—all civil authority under him is necessarily at an end, and a dis- 
solution of government in each colony has consequently taken place, 

And whereas, in the present deplorable situation of these colonies, ex- 
posed to the fury of a cruel and relentless enemy, some form of govern- 
ment is absolutely necessary, not only for the preservation of good order, 
but also the more effectually to unite the people, and enable them to 
exert their whole force in their own necessary defence: and as the hon- 
ourable the continental congress, the supreme council of the American 
colonies, has advised such of the colonies as have not yet gone into mea- 
sures, to adopt for themselves, respectively, such government as shall 
best conduce to their own happiness and safety, and the well being of 
America in general :—We, the representatives of the colony of New 
Jersey, having been elected by all the counties, in the freest manner, and 
in congress assembled, have, after mature deliberation, agreed upon a set 
of charter rights, and the form of a constitution, in the manner follow- 
ing, viz. ; 

1. That the government of this province shall be vested in a governor, 
legislative council, and general assembly. 

2. That the said legislative council and general assembly shall be 
chosen, for the first time, on the second Tuesday of August next; the 
members whereof shall be the same in number and qualifications as is 
hereinafter mentioned; and shall be and remain vested with all the 
powers and authority to be held by any future legislative council and 
assembly of this colony until the second Tuesday in October, which 
shall be in the year of our Lord one thousand seven hundred and seven- 
ty-seven. 

3. That, on the second Tuesday in October yearly, and every year 
for ever, (with the privilege of adjourning from day to day, as occasion 
may require,) the counties shall severally choose one person, to be a 
member of the legislative council of this colony, who shall be, and have 
been for one whole year next before the election, an inhabitant and free- 


* On the 20th of September, 1777, an act of the legislature was passed, substituting 
the word state for the word colony, in commissions, writs, &c.—No other alteratiov 
has taken place in the coastitution, 


NEW JERSEY. 125 


holder in the county in which he is chosen, and worth at least one 
thousand pounds, proclamation money, of real and personal estate, 
within the same county ; that, at the same time, each county shall also 
choose three members of assembly ; provided, that no person shall be 
entitled to a seat in the assembly, unless he be, and have been, for one 
whole year next before the election, an inhabitant of the county he is to 
: represent, and worth five hundred pounds, proclamation money, in real 
and personal estate, in the same county ; that, on the second Tuesday 
next after the day of election, the council and assembly shall separately 


meet, and that the consent of both houses shall be necessary to every . 


law ; provided, that seven shall be a quorum of the council for doing 
business, and that no law shall pass, unless there be a majority of all the 
representatives of each body personally present, and agreeing thereto. 
Provided, always, that if a majority of the representatives of this pro- 
vince, in council and general assembly convened, shall at any time or 
times hereafter, judge it equitable and proper to add to or diminish the 
number or proportion of the members of assembly for any county or 
counties in this colony, then, and in such case, the same may, on the 
principles of more equal representation, be lawfully done, any thing in 
this charter to the contrary notwithstanding ; so that the whole number 
of representatives in assembly shall not, at any time, be less than thirty- 
nine. 

4, ‘That all inhabitants of this colony of full age, who are worth fifty 
pounds, proclamation money, clear estate in the same, and have resided 
within the county in which they claim a vote for twelve months imme- 
diately preceding the election, shall be entitled to vote for representatives 
in council and assembly ; and also for all other public officers that shall 
be elected by the people of the county at large. 

5. That the assembly, when met, shall have power to choose a 
speaker, and other their officers; to be judges of the qualifications and 
elections_of their own members; sit upon their own adjournments ; 
prepare bills to be passed into laws; and to empower their speaker to 
convene them whenever any extraordinary occurrence shall render it 
necessary. 

6. That the council shall also have power to prepare bills to pass 
into laws, and have other like powers as the assembly, and in all re- 
spects be a free and independent branch of the legislature of this co- 
lony ; save only that they shall not prepare or alter any money bill— 


which shall be the privilege of the assembly; that the council shall; 


from time to time, be convened by the governor or vice-president, but 
must be convened at all times when the assembly sits; for which pur- 
pose the speaker of the house of the assembly shall always, immediately 
after an adjournment, give notice to the governor, or vice-president, of 
the time and place to which the house is adjourned. 

7. That the council and assembly, jointly, at their first meeting after 
each annual election, shall, by a majority of votes, elect some fit person 
within the colony to be governor for one year, who shall be constant 
president of the council, and have a casting vote in their proceedings ; 
and that the council themselves shall choose a vice-president, who shall 
act as such in the absence of the governor. 

8. That the governor, or, in his absence, the vice-president of the 


council, shall have the supreme executive power, be chancellor of the 


L 2 


we, 


126 CONSTYIPUTION OF 


colony, act as captain-general and commander-in-chief of all the militia, 
and other military force, in this colony ; and that any three or more of 
the council shall at all times be a privy council to advise the governor in 
all cascs where he may find it necessary to consult them ; and that the 
governor be ordinary or surrogate-general. 


9. That the governor and council (seven whereof shall be a quo-- 


rum) be the court ef appeals, in the last resort, in all causes of law, 
as-heretofore ; and that they possess the power of granting pardons to 
criminals, after condemnation, in all cases of treason, felony, or other 
offences. . 

10, That captains, and all other inferior officers of the militia shall 
be chosen by the companies in the respective counties ; but field and 
general officers, by the council and assembly. 

11. That the council and assembly shall have power to make the 
great seal of this colony, which shail be kept by the governor, or, in 
his absence, by the vice-president of the council, to be used by them as 
occasion may require; and it shall be called the great seal of the colony 
of New Jersey. 

12, The judges of the supreme court shall continue in office for 
seven years; the judges of the inferior court of common pleas in the 
several counties, justices of the peace, clerks of the supreme court, 
clerks of the inferior court of common pleas and quarter sessions, the 
attorney-general, and provincial secretary, shall continue in office for five 
years, and the provincial treasurer shall continue in office for one year: 
and that they shall be severally appointed by the council and assembly, 
in manner aforesaid, and commissioned by the governor, or, in his ab- 
sence, by the vice-president of the council. Provided, always, that the 
said officers severally, shali be capable of being re-appointed at the end 
of the terms severally before limited; and that any of the said officers 
shall be liable to be dismissed, when adjudged guilty of misdemeanour 
by the council, on an impeachment of the assembly. 

13. That the inhabitants of each county, qualified to vote as afore- 
said, shall, at the time and place of electing their representatives, an- 
nually elect one shenff, and one or more coroners : and that they may 
re-elect the same person to such offices until he shall have served 
three years, but no longer; after which, three years must elapse 
before the same person is capable of being elected again. When the 
election is certified to the governor, or vice-president, under the hands 
of six frecholders of the county for which they were elected, they shall 
be immediately commissioned to serve in their respective offices. 

14, That the townships, at their annual meetings for electing other 
officers, shall choose constables for the districts respectively ; and also 
three or more judicious freeholders, of good character, to hear and finally 
determine all appeals, relative to unjust assessments, In cases of public 
taxation; which commissioners of appeal shall, for that purpose, sit at 
some suitable time or times, to be by them appointed, and made known 
tu the people by advertisements. 

15, That laws of this colony shall begin in the following style, viz :—~ 
“ Be it enacted by the council and general assembly of this colony, and 
it is hereby enacted by the authority of the same ;” that all commissions 
granted by the governor or vice-president shall run thus: “ The colony 
of New Jersey to A. B., &c. greeting :” and that all writs shall likewise 


NEW JERSEY. 127 


run in the name of the colony ; and that all indictments shall conclude 
in the following manner, viz :—“ Against the peace of this colony, the 
government and dignity of the same.” 

16, That all criminals shall be admitted to the same privilege of 
witnesses and counsel as their prosecutors are or shall be entitled to. 

17. That the estate of such persons as shall destroy their own lives, 
- shall not, for that offence, be forfeited ; but shall descend in the same 
manner as they would have done had such persons died in a natural 
way: nor shall any article which may occasion accidentally the death 
of any one be henceforth deemed a deodand, or in any wise forfeited, 
on account of such misfortune. 

18. That no person shall ever, within this colony, be deprived of the 
inestimable privilege of worshipping Almighty God in a manner agree- 
able to the dictates of his own conscience: nor, under any pretence 
whatever, be compelled to attend any place of worship, contrary to his own 
faith and judgment; nor shali any person within this colony ever be 
obliged to pay tithes, taxes, or any other rates, for the purposes of 
building or repairing any other church or churches, place or places of 
worship, or for the maintenance of any minister or ministry, contrary 
to what he believes to be right, or has deliberately and voluntarily en- 
gaged himself to perform. 

19. That there shall be no establishment of any one religious sect in 
this province in preference to another ; and that no protestant inhabitant 
of this colony shall be denied the enjoyment of any civil right, merely 
on account of his religious principles; but that all persons, professing 
a belief in the faith of any protestant sect, who shall demean themselves 
peaceably under the government, as hereby established, shall be capable 
of being elected into any office of profit, or trust, or being a member of 
either branch of the legislature, and shall fully and freely enjoy every 
privilege and inzaunity enjoyed by others their fellow subjects. 

20. That the legislative department of this colony may, as much as 
possible, be preserved from all suspicion of corruption, none of the 
judges of the supreme or other court, sheriffs, nor any other per- 
son or persons, possessed of any post of profit under the government, 
other than justices of the peace, shall be entitled to a seat in assembly ; 
but that, on his being elected, and taking his seat, his office or post 
shall be considered as vacant. 

21. That all the laws of this province, contained in the edition latel 
published by Mr. Allison, shall be and remain in full force, until altered 
by the legislature of this colony, such only excepted as are incompatible 
with this charter, and shall be, according as heretofore, regarded in all 
respects, by all civil officers and others, the good people of this province. 

22. That the common law of England, as well as so much of the 
statute law as has been heretofore practised in this colony, shall still re- 
main. in force, until they shall be altered by a future law of the legisla- 
ture; such parts only excepted as are repugnant to the rights and pri- 
vileges contained in this charter; and that the inestimable right of trial 
by jury shall remain confirmed, as a part of the law of this colony, 
without repeal, for ever. 

23, That every person who shall be elected, as aforesaid, to be a mem 
ber of the legislative council or house of assembly, shall, previous te 


128 CONSTITUTION OF 


_ his taking his seat in council or assembly, take the following oath or 
affirmation, viz : : 

“J, A. B., do solemnly declare that, as a member of the legislative 
council (or assembly, as tle case may be) of the colony of New lersey, 
I will not assent to any law, vote, or proceeding, which shal cppear to 
me injurious to the public welfare of said colony; nor that shall annul 
or repeal that part of the third section, in the charter of this colony, 
which establishes that the elections of members of the legislative coun- 
cil and assembly shall be annual; nor that part of the twenty-second 
section in said charter, respecting the trial by jury, nor that shall annul, 
repeal, or alter, any part or parts of the eighteenth or nineteenth sec- 
tions of the same.” 

And any person or persons who shall be elected as aforesaid, is 
hereby empowered to administer to the said members the said oath or 
affirmation. 

Provided always, and it is the true intent and meaning of this con- 
gress, that, if a reconciliation between Great Britain and these colonies 
should take place, and the latter be again taken under the protection 
and government of -Great Britain, this charter shall be null and void, 
otherwise to remain firm and inviolable. 

In Provincial Congress, 
Burlington, July 2, 1776. 

By order of Congress: , 

SAMUEL TUCKER, President. 
Extract from the minutes. 
Wi1iam Parrerson, Secretary. 


CONSTITUTION OF PENNSYLVANIA, 


AS AMENDED IN CONVENTION THE SECOND TUESDAY OF OCTOBER, 1838. * 


Ws, the people of the commonwealth of Pennsylvania, ordain and 
establish this constitution for its government. 


ARTICLE I. 


§ 1. The legislative power of this commonwealth shall be vested in a 
general assembly, which shall consist of a senate and house of represen- 
tatives. 

2. The representatives shall be chosen annually, by the citizens of the 
city of Philadelphia, and of each county respectively, on the secono 
Tuesday of October. 

3. No person shall be a representative who shall not have attained 
the age of twenty-one years, and have been a citizen and inhabitant of 


PENNSYLVANTA. 129 


the state three years next preceding his election, and the last year 
thereof an inhabitant of the district in and for which he shall be chosen’ 
a representative, unless he shall have been absent on the public business 
of the United States or of this state. 

4. Within three years after the first meeting of the general assembly, 
and within every subsequent term of seven years, an enumeration of the 
taxable inhabitants shall be made in such manner as shall be directed 
by law. ‘The number of representatives shall at the several periods of 
making such enumeration, be fixed by the legislature, and apportioned 
among the city of Philadelphia and the several counties, according to 
the number of taxable inhabitants in each: and shall never be less than 
sixty nor greater than one hundred. Each county shall have at least one 
representative, but no county hereafter erected shall be entitled to a sepa- 
rate representation until a sufficient number of. taxable inhabitants shall 
be contained within it, to entitle them to one representative, agreeably 
to the ratio which shall then be established. 

do. The senators shall be chosen for three years by the citizens of 
Philadelphia and of the several counties, at the same time, in the same 
manner, and at the same places where they shall vote for representatives. 

6. The number of senators shall, at the several periods of making the 
enumeration before mentioned, be fixed by the legislature, and appor- 
tioned among the districts formed as hereinafter directed, according to 
the number of taxable inhabitants in each; and shall never be less than 
one-fourth, nor greater than one-third, of the number of representatives. 

7. The senators shall be chosen in districts, to be formed by the legis- 
lature; but no district shall be so formed as to entitle it to elect more 
than two senators, unless the number of taxable inhabitants in any city 
or county shall, at any time, be such as to entitle it to elect more than 
two, but no city or county shall be entitled to elect more than four sena- 
tors; when a district shall be composed of two or more counties, they 
shall be adjoining ; neither the city of Philadelphia nor any county shall 
be divided in forming a district. 

8. No person shall be a senator who shall not have attained the age 
of twenty-five years, and have been a citizen and inhabitant of the state 
four years next before his election, and the last year thereof an inhabi- 
tant of the district for which he shall be chosen, unless he shall have 
been absent on the public business of the United States or of this state; 
and no person elected as aforesaid shall hold said office after he shall 
have removed from such district. 

9. The senators who may be elected at the first general election after 
the adoption of the amendments to the constitution, shall be divided by 
lot into three classes. ‘The seats of the senators of the first class shall 
be vacated at the expiration of the first year; of the second class at the 
expiration of the second year ; and of the third class at the expiration of 
the third year; so that thereafter one-third of the whole number of sena- 
tors may be chosen every year. ‘The senators elected before the amend- 
ments to the constitution shall be adopted shall hold their offices during 
the terms for which they shall respectively have been elected. 

10. The general assembly shall meet on the first Tuesday of January, 
in every year, unless sooner convened by the governor. 

11. Each house shall choose its speaker and other officers; and the 
senate shall also choose a speaker pro tempore, when the speaker shall 
exercise the office of governor, 


130 CONSTITUTION OF 


12. Each house shall judge cf the qualifications of its members. 
Contested elections shall be determined by a committee to be selected, 
formed and regulated in such manner as shall be directed by law. A 
majority of each house shall constitute a quorum to do business; but a 
smaller number may adjourn from day to day, and may be authorized 
by law to compel the attendance of absent members, in such manner 
and under such penalties as may be provided. . 

13. Each house may determine the rules of its proceedings, punish its 
members for disorderly behaviour, and with the concurrence of two- 
thirds, expel a member, but not a second time for the same cause; and 
shall have all other powers necessary for a branch of the legislature of a 
free state. 

14. The legislature shall not have power to enact laws annulling the 
contract of marriage in any case where, by law, the courts of this com- 
monwealth are, or hereafter may be, empowered to decree a divorce. 

15. Each house shall keep a journal of its proceedings, and publish 
them weekly, except such parts as may require secrecy: and the yeas 
and nays of the members on any question shall; at the desire of any two 
of them, be entered on the journals. 

16. The doors of each house and of committees of the whole shall be 
open, unless when the business shall be such as ought to be kept secret. 

17. Neither house shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that in which the two 
houses shall be sitting. ; 

18. The senators and representatives shall receive a compensation for 
their services to be ascertained by law, and paid out of the treasury of 
the commonwealth. ‘They shall in all cases, except treason, felony, and 
breach or surety of the peace, be privileged from arrest during their at- 
tendance at the session of their respective houses, and in going to and 
returning from the same. And for any speech or debate in either house, 
they shall not be questioned in any other place. 

19. No senator or representative shall, during the time for which he 
shall have been elected, be appointed to any civil office under this com- 
monwealth which shall have been created, or the emcluments of which 
shall have been increased during such time; and no member of congress 
or other person holding any office, (except of attorney at law and in the 
militia) under the United States or this commonwealth, shall be a mem- 
ber of either house during his continuance in congress or in office. 

20. When vacancies happen in either house, the speaker shall issue 
writs of election to fill such vacancies. 

21. All bills for raising revenue shall originate in the house of repre- 
sentatives, but the senate may propose amendments as in other bills. 

22. No money shall be drawn from the treasury but in consequence 
of appropriations made by law. 

23. Every bill which shall have passed both houses shall be presented 
to the governor. If he approve, he shall sign it, but if he shall not ap- 
prove, he shall return it with his objections to the house in which it shall 
have originated, who shall enter the objections at large upon their jour- 
nals, and proceed to reconsider it. If, after such reconsideration, two- 
thirds of that house shall agree to pass the bill, it shall be sent with the 
objections to the other house, by which likewise it shall be reconsidered, 
and if approved by two-thirds of that house, it shall be a law. But in 
such cases the votes of both houses shall be determined by yeas and nays, 


PENNSYLVANIA. 131 


and the names of the persons voting for or against the bill shall be entered 
on the journals of each house respectively. If any bill shall not be re- 
turned by the governor within ten days (Sundays excepted) after if shall 
have been presented to him, it shall be a law in like manner as if be had 
signed it, unless the general assembly, by their adjournment, prevented 
its return, in which case it shall be a law, unless sent back within three 
days after their next meeting. 

24, Every order, resolution or vote, to which the concurrence of both 
houses may be necessary (except on a question of adjournment) shall be 
presented to the governor, and before it shall take effect, be approved by 
him, or being disapproved, shall be repassed by two-thirds of both houses 
according to the rules and limitations prescribed in case of a bill. 

25. No corporate body shall be hereafter created, renewed or extended 
with banking or discounting privileges, without six months’ previous 
public notice of the intended application for the same in such manner as 
shall be prescribed by law. Nor shalfany charter for the purposes afore- 
said, be granted for a longer period than twenty years, and every such 
charter shall contain a clause reserving to the legislature the power to 
alter, revoke or annul the same, whenever in their opinion it may be 
injurious to the citizens of the commonwealth, in such manner, however, 
that no injustice shall be done to the corporators. No law hereafter 
enacted, shall create, renew, or extend the charter of more than one 
corporation. 


ARTICLE 2. 


§ 1. The supreme executive power of this commonwealth: shall be 
vested in a governor. 

2. The governor shall be chosen on the second Tuesday of October, 
by the citizens of the commonwealth, at the places where they shall 
respectively vote for representatives. The returns of every election for 
governor shall be sealed up and transmitted to the seat of government, 
directed to the speaker of the senate, who shall open and publish them 
in the presence of the members of both houses of the legislature. The 
person having the highest number of votes shall be governor. But if 
two or more shall be equal and highest in votes, one of them shall be 
chosen governor by the joint vote of the members of both houses. Con- 
tested elections shall be determined by a committee to be selected from 
both houses of the legislature, and formed and regulated in such manner 
as shall be directed by law. : 

3. The governor shall hold his office during three years from the third 
Tuesday of January next ensuing his clection, and shall not be capable 
of holding it longer than six in any term of nine years. 

4. He shall be at least thirty years of age, and have been a citizen 
and an inhabitant of this state seven years next before his election; 
unless he shall have been absent on the public business of the United 
States, or of this state. 

5. No member of congress or person holding any office under the 
United States, or this state, shall exercise the office of governor. 

6. The governor shall at stated times receive for his services a com- 
pensation, which shall be neither increased nor diminished during the 
period for which he shall have been elected. 

7. He shall be commander-in-chief of the army and navy of this com- 
monwealth, and of the militia, except when they shall be called into the 
actual service of the United States. 


132 CONSTITUTION OF 


8. He shall appoint a secretary of the commonwealth during pleasure, 
and he shall nominate, and by and with the advice and consent of the 
senate, appoint all judicial officers of courts of record, unless otherwise 
provided for in this constitution. He shall have power to fill all vacan- 
cies that may happen in such judicial offices during the recess of the 
senate, by granting commissions which shall expire at the end of their 
next session: Provided, that in acting on executive nominations the 
senate sball sit with open doors, and in confirming or rejecting the noml- 
nations of the governor, the vote shall be taken by yeas and nays. 

9, He shall have power to remit fines and forfeitures, and grant re- 
prieves and pardons, except in cases of impeachment. 

10. He may require information in writing, from the officers in the 
executive department, on any subject relating to the duties of their re- 
spective offices. 

11. He shall, from time to time, give to the general assembly informa- 
tion of the state of the commonwealth, and recommend to their conside- 
ration such measures as he shall judge expedient. 

12. He may, on extraordinary occasions, convene the general assem- 
bly ; and in case of disagreement between the two houses, with respect 
to the time of adjournment, adjourn them to such time as he shall think 
proper, not exceeding four months. 

13. He shall take care that the laws be faithfully executed. 

14. In case of the death or resignation of the governor, or his removal 
from office, the speaker of the senate shall exercise the office of governor, 
until another governor shall be duly qualified; but in such case another 
governor shall be chosen at the next unnual election of representatives, 
unless such death, resignation, or removal, shall occur within three 
calendar months immediately preceding such next annual election, in 
which case a governor shall be chosen at the second succeeding annual 
election of representatives. And if the trial of a contested election shall 
continue longer than until the third Monday of January next ensuing 
the election of governor, the governor of the last year, or the speaker of 
the senate who may be in the exercise of the executive authority, shall 
continue therein until the determination of such contested election, and 
until a governor shali be duly qualified as aforesaid. 

15. The secretary of the commonwealth shall keep a fair register of 
all the official acts and proceedings of the governor, and shall, when re- 
ouired, lay the same and all papers, minutes and vouchers relative there- 
to, before either branch of the legislature, and shall perform such other 
duties as shall be enjoined him by law. 


ARTICLE 3. 


§ 1. In elections by the citizens, every white freeman of the age of 
twenty-one years, having resided in this state one year, and in the elec- 
tion district where he offers to vote, ten days immediately preceding 
such election, and within two years paid a state or county tax, which 
shall have been assessed at least ten days before the election, shall enjoy 
the rights of an elector. But a citizen of the United States, who had 
previously been a qualified voter of this state, and removed therefrom 
and returned, and who shall have resided in the election district, and 
paid taxes as aforesaid, shall be entitled to vote, after residing in the 
state six months: Provided, that white freemen, citizens of the United 
States, between the ages of twenty-one and twenty-two years, and having 


PENNSYLVANIA. ' aS 
resided in the state one year, and in the election district ten days as 
uforesaid, shall be entitled to vote, although they shall not have paid 
taxes. 

2. All elections shall be by ballot, except those by persons in their 
representative capacities, who shall vote viva voce. 

3. Electors shall in all cases, except treason, felony, and breach of 
surety of the peace, be privileged from arrest during their attendance on 
elections, and in going to and returning from them. 


ARTICLE 4, 


§ 1. The house of representatives shall have the sole power of impeach- 
ing. 
2. All impeachments shall be tricd by the senate: when sitting for 
that purpose, the senators shall be upon oath or affirmation. No person 
shall be convicted, without the concurrence of two-thirds of the members 
present. 

3. The governor, and all other civil officers under this commonwealth, 
shall be liable to impeachment for any misdemeanor in office ; but judg- 
ment, in such cases, shall not extend further than to removal from office- 
and disqualification to hold any office of honour, trust, or profit, under 
this commonwealth: the party, whether convicted or acquitted, shall, 
nevertheless, be liable to indictment, trial, judgment and punishment 
according to law. 


ARTICLE 5. 


§ 1. The judicial power of this commonwealth shail be vested in a 
supreme court, in courts of oyer and terminer and general jail delivery, 
in a court of common pleas, orphans’ court, register’s court, and a court 
of quarter sessions of the peace, for each county ; in justices of the peace, 
and in such other courts as the legislature may, from time to time 
establish. 

2. The judges of the supreme court, of the several courts of common 
pleas, and of such other courts of record as are or shall be established 
by law, shall be nominated by the governor, and by and with the con- 
sent of the senate appointed and commissioned by him. The judges of 
the supreme court shall hold their offices for the term of fifteen years, 
if they shall so long behave themselves well. The president judges of 
the several courts of common pleas, and of such other courts of record 
as are or shall be established by law, and all other judges required to be 
learned in the law, shall hold their offices for the term of ten ycars, if 
they shall so long behave themselves well. ‘The associate judges of the 
courts of common pleas shall hold their offices for the term of five years, 
if they shall so long behave themselves well. But for any reasonable 
cause, which shall not be sufficient ground of impeachment, the governor 
may remove any of them on the address of two-thirds of each branch of 
the legislature. The judges of the supreme court, and the presidents of 
the several courts of common pleas, shall at stated times receive for their 
services an adequate compensation to be fixed by law, which shall not 
be diminished during their continuance in office; but they shall receive 
no fees or perquisites of office, nor hold any other office of profit under 
this commonwealth. 

3. Until otherwise directed by law, the courts of common pleas shall 


134 CONSTITUTION OF 


continue as at present established. Not more than five counties shall at 
any time be included in one judicial district organized for said courts. 

4, The jurisdiction of the supreme court shall extend over the state ; 
and the judges thereof shall, by virtue of their offices, be justices of oyer 
and terminer and general jail delivery, in the several counties. 

5. The judges of the court of common pleas, in each county, shall, by 
virtue of their offices, be justices of oyer and terminer and general jail 
delivery, for the trial of capital and other offenders therein; any two of 
said judges, the president being one, shall be a quorum; but they shall 
not hold a court of oyer and terminer, or jail delivery, in any county, 
when the judges of the supreme court, or any of them shall be sitting in 
the same county. The party accused, es well as the commonwealth, 
may, under such regulations as shall be prescribed by law, remove the 
indictment and proccedings, or a transcript thereof, into the supreme 
court. 

6. The supreme court, and the several courts of common pleas, shall, 
beside the powers heretofore usually exercised by them, have the powers 
of a court of chancery, so far as relates to the perpetuating of testimony, 
the obtaining of evidence from places not within the state, and the care 
of the persons and estates of those who are non compotes mentis. And 
the legislature shall vest in the said courts such other powers to grant 
relief in equity, as shall be found necessary ; and may, from time to time, 
enlarge or diminish those powers or vest them in such other courts as 
they shall judge proper, for the due administration of justice. 

7. The judges of the court of common pleas of each county, any two 
of whom shall be a quorum, shall compose the court of quarter sessions 
of the peace, and orphans’ court thereof; and the register of wills, toge- 
ther with the said judges, or any two of them, shall compose the regis- 
ter’s court of each county. 

8. The judges of the courts of common pleas. shall, within their re- 
spective counties, have like powers with the judges of the supreme court, 
to issue writs of certiorari to the justices of the peace, and to cause their 
proceedings to be brought before them, and the like right and justice to 
be done. 

9. The president of the court in each circuit within such circuit, and 
the judges of the court of common pleas within their respective counties, 
shall be justices of the peace, so far as relates to criminal matters. 

10. A register’s office, for the probate of wills and granting letters of 
administration, and an office for the recording of deeds, shall be kept in 
each county. 

11. The style of all process shall be “ The Commonwealth of Penn- 
sylvania.’’ All prosecutions shall be carried on in the name and by the 
authority of the commonwealth of Pennsylvania, and conclude, “ against 
the peace and dignity of the same.” 


ARTICLE 6. 


§ 1. Sheriffs and coroners shall, at the times and places of election of 
representatives, be chosen by the citizens of each county. One person 
shall be chosen for each office, who shall be commissioned by the go- 
vernor. ‘They shall hold their offices for three years, if they shall so 
long behave themselves well, and until a successor be duly qualified ; but 
no person shall be twice chosen or appointed sheriff in any term of six 
years. Vacancies in either of the said offices shall be filled by an ap. 


PENNSYLVANIA. * $85 


pointment, to be made by the governor, to continue until the next gene- 
ral clection, and until a successor shall be chosen and qualified as afore- 
said. 

2. The freemen of this commonwealth shall be armed, organized, and 
disciplined for its defence, when and in such manner as may be directed 
by law. ‘Those who conscientiously scruple to bear arms, shall not be 
compelled to do so, but shall pay an equivalent for personal service. 

3. Prothonotaries of the supreme court shall be appointed by the said 
court for the term of three years, if they so long behave themselves well. 
Prothonotaries and clerks of the several other courts, recorders of deeds, 
and registers of wills, shall at the times and places of election of repre- 
sentatives, be elected by the qualified electors of each county, or the dis- 
tricts over which the jurisdiction of said courts extends, and shall be 
commissioned by the governor. ‘They shall hold their offices for three 
years, if they shall so long behave themselves well, and until their suc- 
cessors shall be duly qualified. The legislature shall provide by law the 
number of persons in each county who shall hold said offices, and how 
many and which of said offices shall be held by one person. Vacancies 
in any of the said offices shall be filled by appointments to be made by 
the governor, to continue until the next general election, and until suc- 
cessors shall be elected and qualified as aforesaid. 

4. Prothonotaries, clerks of the peace and orphans’ courts, recorders 
of deeds, registers of wills, and sheriffs, shall keep their offices in the 
county town of the county in which they, respectively, shall be officers, 
unless when the governor shall, for special reasons, dispense therewith, 
for any term not exceéding five years after the county shall have been 
erected. 

5. All commissions shall be in the name and by the authority of the 
commonwealth of Pennsylvania, and be sealed with the state seal, and 
signed by the governor. 

6. A state treasurer shall be elected annually, by joint vote of both 
branches of the legislature. 

7. Justices of the peace or aldermen, shall be elected in the several 
wards, boroughs, and townships, at the time of the election of constables 
by the qualified voters thereof, in such number as shall be directed by 
law, and shall be commissioned by the governor for a term of five years. 
But no township, ward or borough, shail elect more than two justices 
of the peace or aldermen without the consent of a majority of the quali- 
fied electors within such township, ward or borough. 

8. All officers whose election or appointment is not provided for in 
this constitution, shall be elected or appointed as shall be directed by 
law. No person shall be appointed to any office within any county who 
shall not have been a citizen and an inhabitant therein one year next 
before his appointment, if the county shall have been so long erected ; 
but if it shall not have been so long erected, then within the limits of the 
eounty or counties out of which it shall have been taken. No member 
of congress from this state, or any person holding or exercising any office 
or appointment of trust or profit under the United States, shall at the 
same time hold or exercise any office in this state, to which a salary is, 
or fees or perquisites are, by law, annexed; and the legislature may by 
law declare whut state offices are incompatible. No member of the 
senate or of the house of representatives shall be appointed by the go- 
vernor to any office during the term for which he shall have been elected. 


136 CONSTITUTION OF 


9. All officers for a term of years shall hold their offices for the terms 
respectively specified, only on the condition that they so long behave 
themselves well; and shall be removed on conviction of misbehaviour in 
office or of any infamous crime. 

10. Any person who shall, after the adoption of the amendments pro- 
posed by this convention to the constitution, fight a duel, or send a chal- 
lenge for that purpose, or be aider or abettor in fighting a duel, shall be 
deprived of the right of holding any office of honour or profit in this 
state, and shall be punished otherwise in such manner as is, or may be 
prescribed by law; but the executive may remit the said offence and all 
its disqualifications. 

ARTICLE 7. 


§ 1. The legislature shall, as soon as conveniently may be, provide, 
by law, for the establishment of schools throughout the state, in such 
manner that the poor may be taught gratis. 

2. The arts and sciences shall be promoted in one or more seminaries 
of learning. 

3. The rights, privileges, immunities and estates of religious societies 
and corporate bodies, shall remain as if the constitution of this state had 
not been altered or amended. 

4, The legislature shall not invest any corporate body or individual 
with the privilege of taking private property for public use, without re- 
quiring such corporation or individual to make compensation to the 
owners of said property, or give adequate security therefor, before such 
property shall be taken. 


ARTICLE 8, 


Members of the general assembly and all officers, executive and judi- 
cial, shall be bound by oath or affirmation to support the constitution of 
this commonwealth, and to perform the duties of their respective offices 
with fidelity. 


ARTICLE 9, 


That the general, great and essential principles of liberty and free go- 
vernment may be recognized and unalterably established, we declare: 


1. That all men are born equally free and independent, and have cer- 
tain inherent and indefeasible rights, among which are those of enjoying 
and defending life and liberty, of acquiring, possessing, and protecting 
property and reputation, and of pursuing their own happiness. 

2. That all power is inherent in the people, and all free governments 
are founded on their authority, and instituted for their peace, safety, and 
happiness: For the advancement of those ends, they have, at all times, 
an unalienable and indefeasible right to alter, reform, or abolish their 
government, in such manner as they may think proper. 

3. That all men have a natural and indefeasible right to worship Al- 
mighty God according to the dictates of their own consciences; that no 
man can, of right, be compelled to attend, erect, or support any place of 
worship, or to maintain any ministry against his consent; that no human 
authority can, in any case whatever, control or interfere with the rights 
of conscience ; and that no preference shall ever be given, by law, to any 
religious establishments or modes of worship. 

4, That no person who acknowledges the being of a God and a future 


~ 


PENNSYLVANIA. 137 


state of rewards and punishments, shall, on account of his religious sen- 
timents, be disqualified to hold any office or place of trust or profit under 
this commonwealth. . 

5. That elections shall be free and equal. 

6. That trial by jury shall be as heretofore, and the right thereof re- 
main inviolate. 

7. That the printing presses shall be free to every person, who under- 
takes to examine the proceedings of the legislature or any branch of 
government: and no law shall ever be made to restrain the right thereof. 
‘The free communication of thoughts and opinions is one of the invalua- 
ble rights of man; and every citizen may freely speak, write and print 
- on any subject, being responsible for the abuse of that liberty. In prose- 
cutions for the publication of papers, investigating the official conduct 
of officers, or men in a public capacity, or where the matter published 
is proper for public information, the truth thereof may be given in evi- 
dence; and, in all indictments for libels, the jury shall have a right to 
determine the law and the facts, under the direction of the court, as in 
other cases. 

8. That the people shall be secure in their persons, houses, papers and 
possessions, from unreasonable searches and seizures; and that no war- 
rant to search any place, or to seize any person or things, shall issue 
without describing them as nearly as may be, nor without probable cause, 
supported by oath or affirmation. 

J. That in all criminal prosecutions, the accused hath a right to be 
heard by himself and his counsel, to demand the nature and cause of the 
accusation against him, to meet the witnesses face to face, to have com- 
pulsory process for obtaining witnesses in his favour, and in prosecutions 
by indictment or information, a speedy trial by an impartial jury of the 
vicinage: that he cannot be compelled to give evidence against himself, 
nor can he be deprived of his life, liberty or property, unless by the judg- 
ment of his peers or the law of the land. 

10. That no person shall, for any indictable offence, be proceeded 
against criminally by information; except in cases arising in the land 
or naval forces, or in the militia when in actual service in time of war 
or public danger; or by leave of the court for oppression and misde- 
meanor in office. No person shall for the same offence be twice put in 
jeopardy of life or limb; nor shall any man’s property be taken, or ap- 
plied to public use, without the consent of his representatives, and with- 
out just compensation being made. 

1]. That all courts shall be open, and every man for an injury done 
him in his lands, goods, person or reputation, shall have remedy by the 
due course of Jaw, and right and justice administered without sale, de- 
nial or delay. Suits may be brought against the commonwealth in such 
manner, in such courts, and in such cases, as the legislature may, by 
law, direct. 

12. That no power of suspending laws shall be exercised, unless by 
the legislature, or its authority. 

13. ‘That excessive bail shall not be required, nor excessive fines im- 
posed, nor crue! punishments inflicted. 

14. That all prisoners shall be bailable by sufficient sureties, unless 
for capital offences, when the proof is evident or presumption great : and 
the privilege of the writ of habeas corpus shall not be suspended, unless 
when, in cases of rebellion or invasion, the public safety may require it. 

mM 2 


138 CONSTITUTION OF 


15. That no commission of oyer and terminer or jail delivery shall he 
issued. . 

16. That the person of a debtor, where there ig not strong presump- 
tion of fraud, shall not be continued in prison after delivering up his 
estate for the benefit of his creditors in such manner as shall be pre- 
scribed by law. 

17. That no ex post facto law, nor any law impairing contracts, shall 
be made. 

18. That no person shall be attainted of treason or felony by the legis- 
lature. 

19. That no attainder shall work corruption of blood; nor, except 
during the life of the offender, forfeiture of estate to the commonwealth : 
that the estates of such persons as shall destroy their own lives, shall 
descend or vest as in case of natural death; and if any person shall be 
killed by casualty, there shall be no forfeiture by reason thereof. 

20, That the citizens have a right, in a peaceable manner, to assemble 
together for their common good, and to apply to those invested with the 
powers of government for redress of grievances, or other proper purposes, 
by petition, redress, or remonstrance. 

21. That the right of the citizens to bear arms, in defence of them- 
selves and the state, shall not be questioned. 

22, That no standing army shall, in time of peace, be kept up, without 
the consent of the legislature ; and the military shall, in all cases, and at 
all times, be in strict subordination to the civil power. 

23. That no soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, nor in time of war, but in a manner 
to be prescribed by law. 

24. That the legislature shall not grant any title of nobility or heredi- 
tary distinction, nor create any office the appointment to which shall be 
for a longer term than during good behaviour. 

25. That emigration from the state shall not be prohibited. 

26. To guard against transgressions of the high powers which we 
have delegated, we declare, that every thing in this article is excepted 
out of the general powers of government, and shall for ever remain in- 
violate. . 


? ARTICLE 10. 


Any amendment or amendments to this constitution may be proposed 
in the senate or house of representatives, and if the same shall be agreed 
to by a majority of the members elected to each house, such proposed 
amendment or amendments shall be entered on their journals, with the 
yeas and nays taken thereon, and the secretary of the commonwealth 
shall cause the same to be published three months before the next elec- 
tion, in at least one newspaper in every county in which a newspaper 
shall be published ; and if in the legislature next afterwards chosen, such 
proposed amendment or amendments shall be agreed to by a majority 
of the members elected to each house, the secretary of the commonwealth 
shall cause the same again to be published in manner aforesaid, and such 
proposed amendment or amendments shall be submitted to the people in 
such manner and at such time, at least three months after being so 
agreed to by the two houses, as the legislature shall prescribe; and if the 
people shall approve and ratify such amendment or amendments by a 
majority of the qualified voters of this state voting thereon, such amend 


PENNSYLVANTA. 139 


ment or amendments shall become a part of the constitution, but no 
amendment or amendments shall be submitted to the people oftener than 
once in five years: Provided, that if more than one amendment be sub- 
mitted, they shall be submitted in such manner and form, that the people 
may vote for or against each amendment separately and distinctly. 


SCHEDULE. 


That no inconvenience may arise from the alterations and amendments in the consti- 
tution of this commonwealth, and in order to carry the same into complete operation, 
it is hereby declared and ordained, that: 


1. All laws of this commonwealth in force at the time when the said alterations and 
amendments in the said constitution shall take effect, und not inconsistent therewith, and 
all rights, prosecutions, actions, claims, and contracts, as well of individuals as of bodies 
corporate, shall continue as if the said alterations and amendments had not been made, 

2. The alterations and amendments in the said constitution shall take effect from the first 
gay of January, eighteen hundred and thirty-nine. 

3. The clauses, sections, and articles of the said constitution which remain unaltered, 
shall soutnas to be construed and have eflect as if the said constitution had not been 
amended. 

_4. The general assembly which shall convene in December, eighteen hundred and thirty- 
eight, shall continue its session, as heretofore, notwithstanding the provision in the eleventh 
section of the first. article, and shall at all times be regarded as the first general assernbly 
under the amended constitution. 

5. The governor, who shall be elected in October, eighteen hundred and thirty-eight, 
shall be inaugurated on the third Tuesday in January, eighteen hundred and thirty-nine ; 
to which time the present executive term is hereby extended. 

6. The commissions of the judges of the supreme court who may be in office on the first 
day of January next, shall expire in the following manner :—-The commission which bears 
the earliest date shall expire on the first day of January, anno domini one thousand eight 
hundred and forty-two: the commission next dated shall expire on the first day of January 
anno domini one thousand eight hundred and forty-five: the commission next dated shall 
expire on the first day of January, anno domini one thousand eight hundred and forty-eight : 
the commission next dated shal] expire on the first day of January, anno domini one thou- 
sand eight hundred and fifty-one: and the commission last dated shall expire on the first 
day of January, anno domini one thousand eight huadred and fifty-four. 

7. ‘The commissions of the president judges of the several judicial districts, and of the 
associate law judges of the first judicial district, shall expire as follows :—The commissions 
of one-half of those who shall have held their offices ten years or more, at the adoption 
of the amendments to the consti! ution, shall expire on the twenty-seventh day of February, 
one thousand eight hundred and thirty-nine: the commissions of the other half of those 
who shall have held their offices ten years or more, at the adoption of the amendments to 
the constitution, shall expire on the twenty-seventh day of February, one thousand eight 
hundred and forty-two: the first half to embrace those whose commissions sha!! bear the 
oldest date. The commissions of all the remaining judges who shall not have held their 
offices for ten years at the adoption of the amendments to the constitution, shall expire on 
the twenty-seventh day of February next after the end of ten years from the date of their 
commissions. 

8. The recorders of the several mayors’ courts, and other criminal courts in this com- 
monwealth, shall be appointed for the same time and in the same manner _as the president 
judges of the several judicial districts : of those now in office, the commission oldest in date 
shul!l expire on the twenty-seventh day of February, one thousand eight hundred and 
forty-one, and the others every two years.thereafter according to their respective dates: 
those oldest in date expiring first. tee ‘ 

9. The legislature, at its first session under the amended constitution, shall divide the 

e other associate judges of the state into four classes. ‘The commissions of those of the first 
class shall expire on the twenty-seventh day of February, eighteen hundred and forty: 
of those of the second class on the twenty-seventh day of February, eighteen hundred and 
foriy-one: of those of the third class on the twenty-seventh day of February, eighteen 
hundred and forty-two: and of those of the fourth class on the twenty-seventh day of 
February, eighteen hundred and forty-three. ‘The said classes, from the first to the fourth, 
shall be arranged according to the seniority of the commissions of the several judges. 

10. Prothonotaries, clerks of the several courts, (except of the supreme court,) recorders 
of deeds, and registers of wills, shall be first elected under the amended constitution, at the 
election of representatives, in the year eighteen hundred and thirty-nine, in such manner 
as he Sy prescribed by law. ; : : 

11. The appointing power shall remain as heretofore, and all officers in the appointment 
of the executive department shal] continue in the exercise of the duties of their respective 
offices until the legislature shall pass such laws as may be required by the eighth section 
of the sixth article of the diverted constitution, and until appointments shall be made under 
such laws; unless their commissions shall be superseded by new appointments, or shall 
sooner expire by their own limitations, or the said offices shall become vacant by death or 
resignation, and such laws shall be enacted by the first legislature under the amended 
eonstitution. 


140 CONSTITUTION OF 


12. The first election for aldermen and justices of the peace shall be held in the year 
eighteen hundred and forty, at the time fixed for the election of constables. ‘I'he legislature 
at its first session under the «amended cunstitation, shall provide for the said election, and 
for subsequent similar elections. The aldermen and justices of the peace now in commission, 
or who may in the interim be appointed, shall continue to discharge the duties of their 
respective offices until fifteen days afier the day which shall be fixed _by Jaw for the issuing 
of new commissions, at the expiration of which time their commissions shall expire. 


In testimony that the foregoing is the amended constitution of Pennsylvania, 
as agreed to in convention, we, the officers and members of the convention, 
have hereunto signed our names, at Philadelphia, the twenty-second day of 
February, anno domini one thousand eight hundred and thirty-eight, and 
of the independence of the United States of America the sixty-second, 


JOHN SERGEANT, President. 
(Attest) §. Suocn, Secretary. 


George L. Fauss, 


J. Wituans, Assistant Secretaries. 


CONSTITUTION OF DELAWARE, 


AS AMENDED AND ADOPTED, DECEMBER 2p, 1831.* 


We, the People, hereby ordain and establish this Constitution of 
Government for the State of Delaware. 


Turoveu divine goodness all men have, by nature, the rights of wor 
shipping and serving their Creator according to the dictates of their con- 
sciences, of enjoying and defending life and liberty, of acquiring and 
protecting reputation and property, and, in general, of attaining objects 
suitable to their condition, without injury by one to another; and as 
these rights are essential to their welfare, for the due exercise thereof, 
power is inherent in them ; and therefore all just authority in the insti- 
tutions of political society is derived from the people, and established 
with their consent, to advance their happiness: And they may for this 
end, as circumstances require, from time to time, alter their constitution 
of government. 


ARTICLE I, 


§ 1. Although it is the duty of all men frequently to assemble to- 
gether for the public worship of the Author of the Universe, and piety 
and morality, on which the prosperity of communities depends, are 
thereby promoted ; yet no man shall, or ought to be compelled to attend 
any religious worship, to contribute to the erection or support of any 
place of worship, or to the maintenance of any ministry, against his 
own free will and consent: and no power shall or ought to be vested in 
or assumed by any magistrate, that shall in any case interfere with, or 
in any manner control the rights of conscience, in the free exercise of 
religious worship : nor shall a preference be given by ao to any re 
ligious societies, denomination, or modes of worship. 


*The amendments are in brackets. 


DELAWARE. 141 


§ 2, No religious test shall be required as a qualification to any office, 
or public trust, under this state. 

§ 3, All elections shall be free and equal. 

§ 4. Trial by jury shall be as heretcfore. 

§ 5. The press shall be free to every citizen who undertakes to ex- 
amine the official conduct of men acting in a public capacity ; and any 
citizea may print on any such subject, being responsible for the abuse 
of that liberty. In prosecutions for publications investigating the pro- 
ceedings of officers, or where the matter published is proper for public 
information, the truth thereof may be given in evidence ; and in all in- 
dictments for libels, the jury may determine the facts and the law, as in 
other cases. 

§ 6. The people shall be secure in their persons, houses, papers, and 
possessions, from the unreasonable searches and seizures: and no war- 
rant to search any place, or to seize any person or things, shall issue 
without describing them as particularly as may be, nor then, unless there 
be probable cause supported by oath or affirmation. 

§ 7. In all criminal prosecutions, the accused hath a right to be heard 
by himself and his counsel, to be plainly and fully informed of the na- 
ture and cause of the accusation against him, to meet the witnesses in 
their examination face to face, to have compulsory process in due time, 
on application by himself, his friends, or counsel, for obtaining witnesses 
in his favour, and a speedy and public trial by an impartial jury : he shall 
not be compelled to give evidence against himself: nor shall he be de- 
prived of life, liberty, or property, unless by the judgment of his peers 
or the law of the land. 

§ 8. No person shall for any indictable offence be proceeded against 
criminally by information, except in cases arising in the land and naval 
forces, or in the militia when in actual service in time of war or public 
danger, and no person shall be for the same offence twice put in jeopardy 
of life or limb; nor shall any man’s property be taken or applied to 
public use without the consent of his representatives, and without com- 
pensation being made. 

§ 9. All courts shall be open : and every man for an injury done him 
in his reputation, person, movable or immovable possessions, shall have 
remedy by the due course of law, and justice administered according to 
the very right of the cause and the law of the land, without sale, denial, 
or unreasonable delay or expense ; and every action shall be tried in the 
county in which it shall be commenced, unless when the judges of the 
court in which the cause is to be tried, shall determine that an impartial 
trial therefor cannot be had in that county. Suits may be brought 
against the state, according to such regulations as shall be made by law. 

§ 10. No power of suspending laws shall be exercised, but by au- 
thority of the legislature. 

§ 11. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel punishments inflicted: and in the construction of jails, 
a proper regard shall be had to the health of prisoners. 

§ 12, All prisoners shall be bailable by sufficient sureties, unless for 
capital offences, when the proof is positive or the presumption great 
and when persons are confined on accusation for such offences, their 
friends and counsel may at proper seasons have access to them. 

§ 13. The privilege of the writ of habeas corpus shall not be sus- 


142 CONSTITUTION OF 


pended, unless when, in cases of rebellion or invasion, the public safety 
may réquire it. 

§ 14. No commission of oyer and terminer or jail délivery shall be 
issued. 

§ 15. No attainder shall work corruption of blood, nor, except during 
the life of the offender, forfeiture of estate. The estates of those who 
destroy their own lives shall descend or vest as in case of natural death ; 
and if any person be killed by accident, no forfeiture shall be thereby 
incurred. 

§ 16. Although disobedience to laws by a part of the people, upon 
suggestions of impolicy or injustice in them, tends by immediate effect 
and the influence of example, not only to endanger the public welfare 
and safety, but also in governments of a republican form, contravenes 
the social principles of such governments founded on common consent 
for common govd; yet the citizens have a right in an orderly manner 
to meet together, and to apply to persons intrusted with the powers of 
government, for redress of grievances or other proper purposes, by peti- 
tion, remonstrance, or address. 

- § 17. No standing army shall be kept up without the consent of the 
legislature : and the military shall, in all cases and at all times, be in 
strict subordination to *he civil power. 

§ 18. No soldier sha!l in time of peace be quartered in any house 
without the consent of the owner; nor in time of war, but by a civil 
magistrate, in a manner to be prescribed by law. 

§ 19. No hereditary distinction shall be granted, nor any office cre- 
ated or exercised, the appointmen: to which shall be for a longer term 
than during good beaviour; a.d no person holding any office under 
this state shall accept of any office or title of any kind whatever, from 
any king, prince, or foreign state. 

We declare, that every thmg in this article is reserved out of the 
general powers of government hereinafter mentioned. 


ARTICLE 2 


§ 1. The legislative power of this state shall be vested in a general 
assembly, which shall consist of a senate and house of representatives. 

§ 2. [he representatives shall be chosen [for two years] by the citi- 
zens residing in the several counties. 

No person shall be a representative who shall not have attained the 
age of twenty-four years, and have been a citizen and inhabitant of the 
state three years next preceding the first meeting of the legislature after 
his election, and the last year of that term an inhabitant of the county 
in which he shall be chosen, unless he shall have been absent on the 
public business of the United States, or of this state. 

There shall be seven. representatives chosen in each county, until a 
greater number of representatives shall by the general assembly be judged 
necessary ; and then, two-thirds of each branch of the legislature con- 
curring, they may by law make provision for increasing their number. 

§ 3. 'The senators shall be chosen for [four] years by the citizens re- 
siding in the several counties. 

No person shall be a senator who shall not have attained to the age 
of twenty-seven years, and have in the county in which he shall be 


DELAWARE. 143 


chosen, a frechold estate in two hundred acres of land, or an estate in 
real or personal property, or in either, of the value of one thousand 
pounds at least, and have been a citizen and inhabitant of the state three 
years next preceding the first meeting of the legislature after his ‘elec- 
tion, and the last year of that term an inhabitant of the county in which 
he shall be chosen, unless he shall have been absent on the public busi- 
ness of the United States or of this state. 

There shall be three senators chosen in each county. When a greater 
number of senators shall by the general assembly be judged necessary, 
_ two-thirds of each branch concurring, they may by law make provision 
for increasing their number ; but the number of senators shall never be 
greater than one-half, nor less than one-third of the number of repre- 
sentatives. 

[If the office of representative, or the office of senator, become vacant 
before the regular expiration of the term thereof, a representative or a 
senator shall be elected to fill such vacancy, and shall hold the office for 
the residue of said term. 

When there is a vacancy in either house of the general assembly, 
and the general assembly is not in session, the governor shall have 
power to issue a writ of election to fill such vacancy ; which writ shall 
be executed as a writ issued by a speaker of either house in case of 
vacancy. | 2. 

§ 4. The general assembly shall meet on the first, Tuesday of Janu- 
ary, biennially, unless sooner convened by the governor. 

[The first meeting of the general assembly, under this amended con- 
stitution, shall be on the first Tuesday of January, in the year of our 
Lord, one thousand eight hundred and thirty-three, which shall be the 
commencement of the biennial sessions, ] 

§ 5. Each house shall choose its speaker and other officers ; and also 
each house, whose speaker shall exercise the office of governor, may 
choose a speaker pro tempore. 

§ 6. Each house shall judge of the elections, returns, and qualifica- 
tions of its own members; and a majority of each shall constitute a 
quorum to do business; but a smaller number may adjourn from day 
to day, and shall be authorized to compel the attendance of absent mem- 
bers, in such manner, and under such penalties as shall be deemed ex- 
pedient. 

§ 7. Each house may determine the rules of its proceedings, punish 
any of its members for disorderly behaviour, and with the concurrence of 
two-thirds, expel a member, and shall have all other powers necessary 
for a branch of the legislature of a free and independent state. 

§ 8. Each house shall keep a journal of its proceedings, and publish 
them immediately after every session, except such parts as may require 
secrecy, and the yeas and nays of the members on any question shall, 
at the desire of any member, be entered on the journal. 

§ 9. The doors of each house, and of committees of the whole, shall 
be open, unless when the business is such as ought to be kept secret. 

§ 10, Neither house shall, without the consent of the other, adjourn 
for more than three days, nor to any other place than that in which the 
two houses shall be sitting. 

§ 11. The senators and representatives shall receive a compensation 
for their services to be ascertained by law, and paid out of the treasury 


144 CONSTITUTION OF 


of the state; but no law varying the compensation shall take effect, until 
an election of the representatives shall have intervened. They shall 
in all cases, except treason, felony, or breach of the peace, be privileged 
from arrest during their attendance at the sessions of their respective 
houses, and in going to and returning from the same ; and for any speech 
or debate iw either house, they shall not be questioned in any other place. 

§ 12, No senator or representative shall, during the time for which 
he shall have been elected, be appointed to any civil office under this 
state, which shall have been created, or the emoluments of which shall 
have been increased, during such time. No person concerned in any 
army or navy contracts, no member of congress, nor any person holding 
any office under this state or the United States, except the attorney-ge- 
neral, officers usually appointed by the courts of justice respectively, 
attorneys at law, and officers in the militia, holding no disqualifying office, 
shall during his continuance in congress or in office be a senator or re- 
presentative. 

§ 13. When vacancies happen in either house, writs of election shall 
be issued by the speakers respectively, or in cases of necessity, in such 
other manner as shall be provided by law; and the persons thereupon 
chosen shall hold their seats as long as those in whose stead they are 
elected might have done, if such vacancies had not happened. 

§ 14. All bills for raising revenue shall originate in the house of re- 
presentatives; but the senate may propose alterations as on other bills ; 
and no bill, from the operations of which, when passed into a law, 
revenue may incidentally arise, shall be accounted a bill for raising re- 
yenue ; nor shall any matter or clause whatever, not immediately rela- 
ting to and necessary for raising revenue, be in any manner blended 
with or annexed to a bill for raising revenue. 

§ 15. No money shall be drawn from the treasury but in consequence 
of appropriations made by law; and a regular statement and account of 
the receipts and expenditures of all public money shall be published at 
least once in every two years. 

§ 16. [The state treasurer shall be appointed biennially by the house 
of representatives, with the concurrence of the senate. In case of va- 
cancy in the office of state treasurer in the recess of the general assem- 
bly, either through omission of the general assembly to appoint, or by 
the death, removal out of the state, resignation, or inability of the state 
treasurer, or his failure to give security, the governor shall fill the va- 
cancy by appointment, to continue until the next meeting of the general 
assembly. The state treasurer shall settle his accounts annually with 
the general assembly, or a committee thereof, which shall be appointed 
at every biennial session. No person who hath served in the office of 
state treasurer shall be eligible to a seat in either heuse of the general 
assembly until he shall have made a final settlement of his accounts as 
treasurer, and discharged the balance, if any, due thereon. 

§ 17. [No act of incorporation, except for the renewal of existing 
corporations, shall be hereafter enacted without the concurrence of two- 
thirds of each branch of the legislature, and with a reserved power of 
revocation by the legislature; and no act of incorporation which may 
be hereafter enacted shall continue in force for a longer period than 
twenty years, without the re-enactment of the legislature, unless it be an 
incorporation for public improvement. } 


DELAWARE. 145 


ARTICLE 3, ‘ 

§ 1. The supreme executive powers of the state shall be vested in a 
governor. . 

§ 2. The governor shall be chosen by the citizens of the state. 

The returns of every election for governor shall be sealed up, and im- 
mediately delivered by the returning officers ef the several counties to 
the speaker of the senate, [or in case of the vacancy of the office of the 
speaker of the senate, or his absence from the state, to the secretary of 
state,] who shall keep the same until a speaker of the ,senate shall bo 
appointed, to whom they shall be immediately delivered after his appoint- 
ment, who shall open and publish the same in the presence of the mem- 
bers of both houses of the legislature. Duplicates of the said returns 

shall also be immediately lodged with the prothonotary of each county. 
The person having the highest number of votes shall be governor: but 
_ if two or more shall be equal in the highest number of votes, the mem- 
bers of the two houses shall, by joint ballot, choose one of them to be 
governor ; and if, upon such ballot, two or more of them shail still bs 
equal and highest in votes, the speaker of the senate shall have an ad- 
ditional casting vote. 

Contested elections of a governor shall be determined by a joint com- 
mittee, consisting of one-third of all the members of each branch of the 
legislature, to be selected by ballot of the house respectively: every per- 
son of the committee shall take an oath or aifirmation, that in deter- 
mining the said election, he will faithfully discharge the trust reposed in 
him: and the committee shall always sit with open doors. 

§ 3. The governor shall hold his office during [four] years from the 

third Tuesday in January next ensuing his election, and shall not be 
{eligible a second time to said office.] 

§ 4. He shall be at least thirty years of age, and have been a citize 
and inhabitant of the United States twelve years next before the first 
meeting of the legislature after his election, and the last six of that term 
an inhabitant of this state, unless he shall have been absent on the pub- 
lic business of the United States or of this state. 

§ 5. No member of congress, nor person holding any office under 
the United States, or this state, shall exercise the office of governor. 

§ 6. The governor shall, at stated times, receive for his services an atlo- 
quate salary, to be fixed by law, which shail be neither increased nor 
diminished during the period_for which he shall have been elected. 

§ 7. He shall be commander-in-chief of the army and navy of the 
state, and of the militia; except when they siall be called into service 
of the United States. 

§ 8. He shall appoint all officers whose offices are established by this 
constitution, or shall be established by law, and whose appointments are 
not herein otherwise provided for ; but no person shall be appointed to 
an office within a county, who shall not have a right to vote for repre- 
sentatives, and have been an inhabitant therein one year next before his 
appointment, nor hold the office longer than he continues to reside in 
the county. No member of Congress, nor any person holding or exer- 
cising any office under the United States, shall at the same time hold or 
exercise the office of julge, treasurer, attorney-generai, secretary, pro- 
thonotary, register for the probate of wills and granting letters of ad- 
ministration, recorder, sheriff, or any office under this state, with « salary 

N 


146 CONSTITUTION OF 


by law annexed to it, or any other office which the legislature shall de- 
clare imcompatible with offices or appointments under the United States. 
No person shall hold more than one of the following offices at the same 
time, to wit : treasurer, attorney-general, prothonotary, register, or sheriff. 
All commissions shall be in the name of the state, shall be sealed with 
the great seal, and be signed and tested by the governor. 

§ 9. He shall have power to remit fines and forfeitures, and to grant 
reprieves and pardons, except in cases of impeachment. [He shall set 
forth in writing, fully, the grounds of all reprieves, pardons, and remis- 
sions, to be entered in the register of his official acts, and laid before the 
"general assembly at their next session. ] 

§ 10. He may require information in writing from the officers in the 
executive department, upon any subject relating to the duties of their 
respective offices. 

§ 11. He shall from time to time give to the general assembly infor 
mation of affairs concerning the state, and recommend to their consider 
ation such measures as he shall judge expedient. 

§ 12. He may, on extraordinary occasions, convene the general assem- 
bly ; and in case of disagreement between the two houses with respect 
to the time of adjournment, adjourn them to such time as he shall think 
proper, not exceeding three months. 

§ 13. He shall take care that the laws be faithfully executed. 

§ 14. [Upon any vacancy happening in the office of governor by his 
death, removal, resignation, or inability, the speaker of the senate shall 
exercise the office until a governor elected by the people shall be duly 


qualified. If there be no speaker of the senate, or upon a further va- - 


cancy happening in the office by his death, removal, resignation or ina- 
bility, the speaker of the house of representatives shall exercise. the 
office until a governor elected by the people shall be duly qualified. If 
the person elected governor shall die, or become disqualified, before the 
commencement of his term of office, or shall refuse to take the same, 
the person holding the office shall continue to exercise it, until a gover- 
nor shall be elected and duly qualified. If upon a vacancy happening 
in the office of governor, there be no other person who can exercise said 
office within the provisions of the constitution, the secretary of state 
shall exercise the same until the next meeting of the general assembly, 
who shall immediately proceed to elect, by joint ballot of both houses, a 
person to exercise the office until a governor, elected by the people, shall 
be duly qualified. If a vacancy occur in the office of governor, or if 
the governor-elect die, or become disqualified, before the commencement 
of his term, or refuse to take the office, an election for governor shall be 
held at the next general election, unless the vacancy happen within six 
days next preceding the election, exclusive of the day of the happening 
of the vacancy and the day’ of the election: in that case, if an election 
for governor would not have been held at said election, without the 
happening of such vacancy, no election for governor shall be held at said 
election in consequence of such vacancy.] If the trial of a contested 
election shall continue longer than until the third Tuesday of January 
next ensuing the election of a governor, the governor of the last year, 
or the speaker of the senate, or of the house of representatives, who 
may then be in the exercise of the executive authority, shall continue 
therein until a determination of such contested election. ‘The governor 


naerrnen 


DELAWARE. 147 


shall not be removed from his office for inability, but with the concur 
rence of two-thirds of all the members of each branch of the legisla- - 
ture. 

§ 15. A secretary shall be appointed and commissioned during the 
governor’s continuance in office, if he shall so long behave himself well. 
He shall keen a fair register of all the official acts and proceedings of 
the governor, and shall, when required by either branch of the legisla- 
ture, lay the same, and all papers, minutes, and vouchers, relative thereto, 
before them, and shall perform such other duties as shall be enjoined 
him by law. He shall have a compensation for his services, to be fixed 
by law. 


ARTICLE 4, 


§ 1. [Allelections for governor, senators, representatives, sheriffs, and 
coroners, shall be held on the second Tuesday of November, and be by 
ballot : And in such elections every free white male citizen of the age 
of twenty-two years or upwards, having resided in the state one year 
next before the election, and the last month thereof in the county where 
he offers to vote, and having within two years next before the election 
paid a county tax, which shall have been assessed at least six months 
before the election, shall enjoy the right of an elector; and every free 
white male citizen of the age of twenty-one years, and under the age 
of twenty-two years, having resided as aforesaid, shall be entitled to vote 
without payment of any tax: Provided, that no person in the military, 
naval, or marine service of the United States shall be considered as ac- 
quiring a residence in this state, by being stationed in any garrison, bar- 
rack, or military or naval place or station within this state ; and no idiot, 
or insane person, or pauper, or person convicted of a crime deemed by 
law felony, shall enjoy the right of an elector; and that the legislature 
may impose the forfeiture of the right of suffrage as a punishment for 
crime. | 

§ 2. Electors shall in all cases, except treason, felony, or breach of 
the peace, be privileged from an arrest during their attendance at elec- 
tions, and in going to and returning from.them. 


ARTICLE 5. 


§ 1. The house of representatives shall have the sole power of im- 
peaching: but two-thirds of all the members must concur in an im- 
peachment. All impeachments shall be tried by the senate ; and when 
sitting for that purpose, the senators shall be upon oath or affirmation to 
do justice according to the evidence. No person shall be convicted 
without the concurrence of two-thirds of all the senators. 

§ 2. The governor, and all other civil officers under this state, shall be 
liable to impeachment for treason, bribery, or any high crime or misde- 
meanor in office. Judgment in such cases shall not extend further 
than to removal from office, and disqualification to hold any office of 
honour, trust, or profit under this state; but the party convicted shall 
_ nevertheless be subject to indictment, trial, judgment, and punishment 

according to law. 

§ 3. Treason against this state shall consist only in levying war 
against it, or in adhering to the enemies of the government, giving 


148 CONSTITUTION OF 


chem aid and comfort. No person shall be convicted of treason, unless 
on the testimony of two witnesses to the same overt act, or on confession 
in open court. 


ARTICLE 6. 


§ 1. (The judicial power of this state shall be vested in a court of 
exrors and appeals, a superior court, a court of chancery, an orphan’s 
court, a court of oyer and terminer, a court of general sessions of the 
peace and jail delivery, a register’s court, justices of the peace, ana sucn 
other courts as the general assembly, with the concurrence of two-thirds 
of all the members of both houses shall from time to time establish.] 

§ 2. [To compose the said courts there shall be five judges in the 
state. One of them shall be chancellor of the state: he shall also be 
president of the orphan’s court: he may be appointed in any part of 
the state. The other four judges shall compose the superior court, 
the court of oyer and terminer, and the court of general sessions of the 
peace and jail delivery, as hereinafter prescribed. One of them shall be 
chief-justice of the state, and may be appointed in any part of it. The 
other three judges shall be associate judges, and one of them shall re- 
side in each county.] 

§ 3. [The superior court snall consist of the chief-justice and two 
associate judges. The chief-justice shall preside in every county, and 
in his absence the senior associate judge sitting in the county shall 
preside. No associate judge shall sit in the county in which he resides. 
Two of the said judges shall constitute a quorum. One may open and 
adjourn the court, and make all rules necessary for the expediting of 
business. 

This court shall have jurisdiction of all causes of a civil nature, real, 
personal, and mixed, at common law, and all other the jurisdiction and 
powers vested by the laws of this state in the supreme court or court of 
common pleas. | 

§ 4. ['The court of general sessions of the peace and jail delivery shall 
be composed in each county of the same judges and in the same man- 
ner as the superior court. Two shall constitute a quorum. One may 
open and adjourn the court. This court shall have all the jurisdiction 
and powers vested by the laws of this state in the court of general 
quarter sessions of the peace and jail delivery.] 

§ 5, [The chancellor shall hold the court of chancery. This: court 
shall have all the powers vested by the laws of this state in the court of 
chancery. | 

§ 6. [The court of oyer and terminer shall consist of all the judges 
except the chancellor. Three of the said judges shall constitute a 
guorum. One may open and adjourn the court. This court shall ex- 
ercise the jurisdiction now vested in the courts of oyer and terminer and 
gencral jail delivery by the laws of this state. In the absence of the 
chief-justice the senior associate present shall preside.] 

§ 7. [The court of errors and appeals shall have jurisdiction to issue 
writs of error to the superior court, and to receive appeals from the 
court of chancery, and to determine finally all matters in error in the 
judgments and proceedings of said superior court, and all matters of 
appeal in the interlocutory or final decrees and proceedings in chancery, 
The court of errors and appeals upon a writ of error to the superior 


DELAWARE. > 149 


court shall consist of three judges at least: that is to say, the chancellor, 
who shall preside, the associate judge who could not on account of his 
residence sit in the cause below, and one of the judges who did sit in 
the said cause. The judges of the superior court to whom it appertains 
to hold the superior court in each county shall sit alternately in the 
court of errors and appeals in cases in error: brought from the superior 
court held in such county, according to the following rotation, that is to 
say: If the judgment below be rendered in the court in New Castle 
county at the first term of the said court there, the chief-justice shall 
sit; if at the second term of said court there, the associate judge for 
Kent county shall sit; and if at the third term of said court there, the 
associate judge for Sussex county shall sit. If the judgment below be 
rendered in the court in Kent county at the first term of said court there, 
the associate judge for Sussex county shall sit; if at the second term of 
tne said court there, the associate judge for New Castle county shail sit ; 
and if at the third term of the court there, the chief-justice shall sit. If 
the judgment below be rendered in the court in Sussex county at the first 
term of said court there, the associate judge for New Castle county shall 
sit; if at the second term of the said court there, the chief-justice shall 
sit, and if at the third term of the said court there, the associate judge 
for Kent county shall sit; and so from term to term, in every succeed- 
ing rotation the judges beginning and following each other in the same 
order. But if in any case in the court of errors and appeals, the judge 
who sat in the cause below, and ought according to this provision to sit 
in the court of errors and appeals, be absent, unable, or disqualified, then 
either of the other judges who sat in the cause below may sit; and 
the court shall have power to prevent any inconvenience or delay from 
observing the rotation above described, by making an order or regula- 
tion for either of the judges who sat in the cause below, to sit in such 
cause in the court of errors and appeals. If a judge did not sit in the 
cause below, he shall sit in the said cause in the court of errors and 
appeals, unless there be a legal exception to him; but the court, if there 
be three judges present, may proceed in his absence. 

Whenever the superior court consider that a question of law ought 
to be decided before all the judges, they shall have power, upon the ap- 
plication of either party, to direct.it to be heard in the court of errors 
and appeals; and in that case the chancellor and four judges shall 
compose the court of errors and appeals, the chancellor presiding, and 
any four of them being a quorum ; and in the absence of the chancellor, 
the chief-justice shall preside. The superior court in exercising this 
power may direct a cause to be proceeded in to verdict and judgment in 
that court, or to be otherwise proceeded in, as shall be best for ex- 
pediting justice. 

Upon appeal from the court of chancery, the court of errors and ap- 
peals shall consist of the chief-justice and three associate judges ; any 
three of them shall be a quorum.] 

§ 8. {In matters of chancery jurisdiction in which the chancellor is in- 
terested, the chief-justice sitting in the superior court without the associate 
judges, shall have jurisdiction, with an appeal to the court of errors and 
appeals, which shall consist in this case of the three associate judges 
the senior associate judge presiding. ] = 

§ 9. (‘The governor shall have power to commission a judge ad litem, 

N 2 


150 CONSTITUTION OF 


to decide any cavse in which there is a legal exception to the chancellov 
or any judge, so that such appointment is necessary to constitute a quo- 
rem in either court. The commission in such case shall confine the 
office to the cause, and it shall expire on the determination of the cause. 
The judge so appointed shall receive a reasonable compensation, to be 
fixed by the general assembly. A member of congress. or any person 
holding or exercising an cffice under the United Sates, shall not be dis- 
gualified from being appointed a judge ad litem.| 

§ 16. (‘I'he orphans’ court in each county, shall be held by the chan- 
cellor and the associate judge residing in the county ; the chancellor 
being president. Either of them, in the absence of the other, may: hold 
the court. When they concur in opinion, there shall be no appeal from 
their decision except in matter of real estate. When their opinions are 
opposed, or when a decision is made by one of them, and in all matters 
involving a right to real estate, or the appraised value or other value 
thereof, there shall be an appeal to-the superior court for the county, 
which shall have final jurisdiction im every such case. This court shall 
have all the jurisdiction and powers vested by the laws of this state in 
the orphans’ court.] 

§ 11. (The jurisdiction of each of the aforesaid courts shall be co- 
extensive with the state. Process may be issued out of each court, in 
either county, into every county.] 

§ 19, {‘fhe general assembly, notwithstanding any thing contained 
in this article, sl:all have power to repeal or alter any act of the general 
assembly, giving jurisdiction to the courts of oyer and terminer and ge- 
neral jail delivery, or to the supreme court, or the court of commen pleas, 
or the court of general quarter sessions of the peace and general jail 
delivery, or the orphans’ court, or to the court of chancery, i any mat- 
ter, or giving any power to either of said courts. Until the general as- 
sembly shall otherwise direct, there shall be an appeal to the court of er- 
rors and appeals in all cases in which there is an appeal, according to 
any act of the general assembly, to the high court of errors and appeals. ] 

§ 13. [Until the general assembly shall otherwise provide, the chan- 
cellor shall exercise all the powers which any law of the state vests in the 
chancellor besides the general powers of the court of chancery ; and the 
chief-justice and associate judges shall each singly exercise all the pow- 
ers which any law of this state vests in the judges singly of the supreme 
court or court of common pleas. | 

6 14, (‘The chancellor and judges chall respectively hold their offices 
during good behaviour, and receive for their services a compensation 
which shall be fixed by law and paid quarterly, and shall not be less 
than the following evms, that is to say :—the annual salary of the 
chief-justice shall not be less than the sum of one thousand two hundred 
dollars: and the annval salary of the chancellor shall not be less than 
tho sum of one thousand one hundred dollars : and the annual salaries 
of the associate judges, respectively, shall not be less than the sum of 
one thousand dollars each. They shall hold no other office of profit, 
nor receive any fees or perquisites in addition to their salaries for business 
done by them. ‘The governor may, for any reasonable cause, in his dis- 
cretion, remove any of them on the address of two-thirds of all the mem- 
bers of cach branch of the general assembly. In all cases where the 
legislature shall so address the governor, the cause of removal shall be 


ss 


“46D ERA BRE: 151 


entcred on the journais of each house. The judge against whom the 
legislature may be about to proceed, shall receive notice thereof, accom- 
panied with the causes alleged for his removal, at least five days before the 
day on which either house of the general assembly shall act thereupon.] 

§ 15. [The general assembly may by law give to any inferior courts 
by them to be established, or to one or more justices of the peace, ju- 
risdiction of the criminal matters following, that is to say: assaults and 
batteries, keeping without license a public house of entertainment, tavern, 
inn, ale-house, ordinary or victualling house, retailling or selling without 
license, wine, rum, brandy, gin, whiskey, or spirituous or mixed liquors 
contrary to law, disturbing camp-meetings held for the purpose of re- 
ligious worship, disturbing other meetings for the purpose of religious 
worship, nuisances, horse-racing, cock-fighting, and shooting matches, 
larcenies committed by negroes or mulattoes, and the -offence of know- 
ingly buying, receiving, or concealing by negrocs or mulattoes, of stolen 
goods and things the subject of larceny, and of any negro or mulatto 
being accessary to any larceny. ‘The general assembly may by law regu- 
late this jurisdiction, and provide that the proceedings shall be with or 
without indictment by grand jury, or trial by petit jury, and may grant 
or deny the privilege of appeal to the court of general sessions of the 
peace: the matters within this section shall be and the same hereby are 
excepted and excluded from the provision of the constitution, that—“ No 
person shall for an indictable offence be proceeded against criminally by 
information, "—and also from the provision of the constitution concerning 
trial by jury. ‘ 

§ 16. In civil causes when pending, the [superior] court shall have 
the power, before judgment, of directing upon such terms as they shall 
deem reasonable, amendments in pleadings and legal proceedings, so 
that by error in any of them, the determination of causes, according to 
their real merits, shall not be hindered; and also of directing the ex- 
amination of witnesses that are aged, very infirm, or going out of the 
state, upon interrogatories de benne esse, to be read in evidence, in 
case of the death or departure of the witnesses before the trial, or inabili- 
ty by reason of age, sickness, bodily infirmity, or imprisonment, then to 
attend; and also the power of obtaining evidence from places not within 
this state. 

§ 17. At any time pending an action for debt or damages, the de- 
fendant may bring into court a sum of money for discharging the same, 
and the costs then accrued, and the plaintiff not accepting thereof, it shall 
be delivered for his use to the clerk or prothonotary of the court ; and if, 
upon the final decision of the cause, the plaintiff shall not recover a 
greater sum than that so paid into court for him, he shall not recover 
any costs accruing after such payment, except where the plaintiff is an 
executor or administrator. ‘ 

§ 18. By the death of any party, no suit in chancery or at law, where 
the cause of action survives, shall abate, but until the legislature shal’ 
otherwise provide, suggestion of such death being entered of record, the 
executor or administrator of a deceased petitioner or plaintiff may prose- 
cute the said suit; and if a respondent or defendant dies, the executor 
or administrator being duly served with a scire facias, thirty days be- 
fore the term thereof, shall be considered as a party to the suit, in the 
same manner as if he had voluntarily made himself a party ; and in any 


152 _-« CONSTITUTION/OF * 


of those cases, the court shall pass a decree, or render judgment for, or 
against the executors or administrators, as-to right appertains. But 
where an executor or administrator of a deceased respondent or defendant 
becomes a party, the court, upon motion, shall grant such a continuance 
of the cause as to the judges shall appear proper. 

§ 19. Whenever a person, not being an executor or administrator, 
appeals from a decree of the chancellor, or applies for a writ of error, 
such appeal or writ shall be no stay of proceeding in the chancery, or 
the court to which the writ issues, unless the appellant or plaintiff in 
error shall give sufficient security, to be approved respectively by the 
chancellor, or by a judge of the court from which the writ issues, that 
the appellant or plaintiff in error shall prosecute respectively his appeal 
or writ to effect, and pay the condemnation money and all costs, or 
otherwise abide the decree in appeal or the judgment in error, if he fail 
to make his plea good. 

§ 20. No writ of error shall be brought upon any judgment heretofore 
confessed, entered, or rendered, but within five years from this time ; nor 
upon any judgment hereafter to be confessed, entered, or rendered, but 
within five years after the confessing, entering, or rendering thereof; 
unless the person entitled to such writ be an infant, feme covert, non 
compos mentis, or a prisoner, and then with five years exclusive of the 
time of such disability 

§ 21. An executor, administrator, or guardian shall file every account 
with the register for the county, who shall, as soon as conveniently may 
be, carefully examine the particulars with the proofs thereof, in the pre- 
sence of such executor, administrator, or guardian, and shall adjust and 
settle the same, according to the very right of the matter and the law of 
the land ; which account so settled, shall remain in his office for inspec- 
tion; and the executor, administrator, or guardian shall, within three 
months after such settlement, give due notice in writing to all persons 
entitled to shares of the estate, or to their guardians respectively, if re- 
siding within the state, that the account is lodged in the said office for 
inspection. [Exceptions may be made by persons concerned, to both 
sides of every such account, either denying the justice of the allowances 
made to the accountant, or alleging further charges against him; and 
the exceptions shall be heard in the orphans’ court for the county ; and 
thereupon the account shall be adjusted and settled according to the right 
of the matter and the law of the land.] 

§ 22. The registers of the several counties shall respectively hold the 
register’s court in each county. Upon the litigation of a cause, the de- 
positions of the witnesses examined shall be taken at large in writing, 
and make part of the proceedings in the cause. This court may issue 
process throughout the state, to compel the attendance of witnesses. Ap- 
peals may be made from the register’s court to the [superior] court, 
whose decisions shall be final. In cases where a register is interested in 
questions concerning the probate of wills, the granting letters of admin- 
istration, or executors, administrators, or guardians’ accounts, the cog 
nizance thereof shall belong to the orphans’ court, with an appeal to the’ 
[superior] court, whose decision shall be final. 

§ 23. [The prothonotary of the superior court may issue process, take. 
recognizances of bail and enter judgments, according to law and the 
practice of the court.] No judgment in one county shall bind lands o2 


DELAWARE. ; 153 


fenements in another, until a testatwm fieri facias being issued, shall be 
entered of record in the office of the prothonotary of the county where- 
in the lands or tenements are situated. 

§ 24. The governor shall appoint a competent number of ee the 
office of justice of the peace, not exceeding twelve in each county, until 
two-thirds of both houses of the legislature shall by law direct an addi- 
tion to the number, who shall be commissioned for seven years, if so 
long they shall behave themselves well, but may be removed by the go- 
vernor within that time on conviction of misbehaviour in office, or on 
the address of both houses of the legislature. 

§ 25. The style in all process and public acts shall be, “ The state 
of Delaware.” Prosecutions shall be carried on in the name of the 
state. 

ARTICLE 7. 


§ 1. The members of the senate and house of representatives, the 
chancellor, the judges, and the attorney-general shall, by virtue of their 
offices, be conservators of the peace throughout the state; and the trea- 
surer, secretary, prothonotaries, registers, recorders, sheriffs, and coroners 
shall, by virtue of their offices, be conservators thereof within the coun- 
ties respectively in which they reside. 

$ 2. The representatives, and, when there shall be more than one, the 
representatives of the people of this state in congress, shall be voted for 
at the same places where representatives in the legislature are voted for, 
and in the same manner. 

§ 3. [The sheriff and coroner of each county shall be chosen by the 
citizens residing in such county. They shall hold their respective offices 
for two years, if so long they behave themselves well, and until succes- 
sors be duly qualified ; but no person shall be twice chosen sheriff upon 
election by the citizens in any term of four years. They shall be com- 
missioned by the governor, ‘The governor shall fill vacancies in these 
offices by appointments to continue until the next election, and until 
successors shall be duly qualified. The legislature, two-thirds of each 
branch concurring, may vest the appointment of sheriffs and coroners in 
the governor ; but no person shall be twice appointed sheriff in any term 
of six years. | 

§ 4. The attorney-general, [registers in chancery, ] prothonotaries, re- 
gisters, clerks of the orphans’ court and of the peace, shall respectively 
be commissioned for five years, if so long they shall behave themselves 
well; but may be removed by the governor within that time on convic- 
tion of misbehaviour in office, or on the address of both houses of the 
legislature. | Prothonotaries, [registers in chancery] clerks of the 
orphans’ court, registers, recorders, and sheriffs, shall keep their offices 
in the town or place in each county in which the [superior] court [is] 
usually held. 

§ 5. Attorneys at law, all inferior officers in the treasury department, 
election officers, officers relating to taxes, to the poor, and to highways, 
coustables and hundred officers, shall be appointed in such manner as is 
or may be directed by law. 

§ 6. All salaries and fees aunexed to officers shall be moderate; and 
no officer shall receive any fees whatever without giving to the person 


154 CONSTITUTION OF 


who pays, a receipt for them, if required, therein specifying every par- 
ticular and the charge for it. 

§ 7. No costs shall be paid by a person accused on a bill being re- 
turned ignoramus, nor on acquittal by a jury. 

§ & The rights, privileges, immunities, and estates of religious socie- 
ties and corporate bodies shall remain as if the constitution of this state 
had not been altered. No [ordained] clergyman or [ordained] preacher 
of the gospel of any denomination shall be capable of holding any civil 
office in the state, or of being a member of either branch of the legisla- 
ture while he continues in the exercise of the pastoral or clerical func- 
tions. 

§ 9. All the laws of this state existing at the time of making this con- 
stitution, and not inconsistent with it, shall remain in force, unless they 
shall be altered by future laws? and all actions and prosecutions now 
pending shall proceed as if this constitution had not been made. 

§ 10. This constitution shall be prefixed to every edition of the laws 
made by direction of the legislature. 

§ 11. The legislature shall, as soon as conveniently may be, provide 
by law for ascertaining what statutes and parts of statutes shall continue 
to be in force within this state ; for reducing them and all acts of the ge- 
neral assembly into such order, and publishing them in such manner, that 
thereby the knowledge of them may be generally diffused ; for choosing 
inspectors and judges of elections, and regulating the same in such manner 
as shall most effectually guard the rights of the citizens entitled to vote ; 
for better securing personal liberty, and easily and speedily redressing all 
wrongful restraints thereof; for more certainly obtaining returns of impar- 
tial juries; for dividing lands and tenements in sales by sheriffs, where 
they will bear a division, into as many parcels as may be without spoil- 
ing the whole, and for advertising and making the sales in such manner, 
and at such times and places as may render them most beneficial to all 
persons concerned ; and for establishing schools, and promoting arts and 
sciences. 

§ 12. [No property qualification shall be necessary to the holding of 
any office in this state, except the office of senator in the general as- 
sembly, and the office of assessor, inquisitor on lands, and levy court 
commissioner, and except such offices as the general assembly shall by 
law designate. | 


ARTICLE 8, 

Members of the general assembly and all officers, executive and judi- 
cial, shall be bound by oath or affirmation, to support the constitution 
of this state, and to perform the duties of their respective offices with 

delity. 
ARTICLE 9, 


The general assembly, whenever two-thirds of each house shall deem 
' it necessary, may, with the approbation of the governor, propose amen/- 
ments to this constitution, and at least three, and not more than six 
months before the next general election of representatives, duly publish 
them in print for the consideration of the people ; and if three-fourths of 
each branch of the legislature shall, after such an election and before 


DELAWARE. 155 


another, ratify the said amendments, they shall be valid to all intents 
and purposes as parts of this constitution. No convention shall be called 
but by the authority of the people : and an unexceptionable mode of mak- 
ing their sense known will be for them at a [special election on the third 
Tuesday of May in any year] to vote by ballot for or against a conven- 
tion, as they shall severally choose to do; and if thereupon it shall ap- 
pear that a majority of all the citizens in the state, having right to vote 
for representatives, have voted for a convention, the general assembly 
shall accordingly at their next session call a convention, to consist of at 
least as many members as there are in both houses of the legislature, to 
be chosen in the same manner, at the same places, and at the same time 
that representatives are by the citizens entitled to vote for representa- 
tives, on due notice given for one month, and to meet within three 
months after they shall be elected. [The majority of all the citizens in 
the state having right to vote for representatives shall be ascertained by 
reference to the highest number of votes cast in the state at any one of 
the three general elections, next preceding the day of voting for a con- 
vention, except when they may be less than the whole number of votes 
voted both for and against a convention, in which case the said majority 
shall be ascertained by reference to the number of votes given on the day 
of voting for or against a convention ; and whenever the general assem- 
bly shall deem a convention necessary, they shall provide by law for the 
holding of a special election for the purpose of ascertaining the sense of 
the majority of the citizens of the state entitled to vote for represen- 
tatives. ] 


SCHEDULE. 


Tat no inconveniences may arise from the amendments of the con- 
stitution of this state, and in order to carry the same into complete ope- 
ration, it is hereby declared and ordained as follows :— 

§ 1. The offices of the present senate and representatives shall not be 
vacated by any amendment of the constitution made in this convention, 
nor otherwise affected, except that the terms of the representatives and 
the terms of the senators which will expire on the first ‘Tuesday of Octo- 
ber in the year of our Lord one thousand eight hundred and thirty-two, 
are hereby extended to the second Tuesday of November in that year: 
and the terms of the senators which will expire on the first Tuesday of 
October in the year of our Lord one thousand eight hundred and thirty- 
three, are hereby extended to the second Tuesday of November in that 
year: And the terms of the senators which will expire on the first Tues- 
day of October in the year of our Lord one thousand eight hundred and 
thirty-four are hereby extended to the second Tuesday of November in 
that year. 

The general assembly shall meet on the first Tuesday of January 
next, and shall not be within the amended provision respecting biennial 
sessions, which biennial sessions shall commence with the session of the 
general assembly on the first Tuesday of January in the year of our Lord 
one thousand eight hundred and thirty-three. 

§ 2. The offices of the present sheriffs and coroners shall not be va- 
cated by any amendment to the constitution made in this convention, 
nor otherwise affected, except that the term of office of the sheriff of Sus- 


156s. CONSTITUTION OF 


sex county is hereby extended to the second Tuesday of November, in 
the year of our Lord one thousand eight hundred and thirty-two, and 
until a successor be duly qualified : and on the second Tuesday of Novem- 
ber, in the year of our Lord one thousand eight hundred and thirty-two, 
shall be the first election for sheriff in Sussex county under this amended 
constitution. And the term of the present coroner for Sussex county is 
hereby extended to the second Tuesday of November in the year of our 
Lord one thousand eight hundred and thirty-four, and until a successor 
_ shall be duly qualified ; and on the said last mentioned day shall be the 
first election for coroner in Sussex county under this amended consti- 
tution. 

The terms of the present sheriffs and coroners for Kent county and 
New Castle county are hereby extended to the second Tuesday of No- 
vember in the year of our Lord one thousand eight hundred and thirty- 
three, and until successors to them respectively be duly qualified; and 
on or after the first Tuesday of November in the year of our Lord one 
thousand eight hundred and thirty-three, the governor shall have power 
to appoint a sheriff and a coroner for New Castle county, and a sheriff 
and coroner for Kent county, to continue in office until the second Tues- 
day of November, in the year of our Lord one thousand eight hundred 
and thirty-four, and until successors to them respectively be duly quali- 
fied. And on the said last mentioned day shall be the first election for 
sheriff and for coroner in New Castle county and in Kent county under 
this amended constitution, unless a vacancy happen in the office of sheriff 
or coroner of New Castle or Kent county, or of coroner for Sussex 
county before the second ‘Tuesday of November, in the year of our Lord 
one thousand eight hundred and thirty-two; in which case an election 
shall be held on that day for a sheriff or coroner under this amended con- 
stitution, in place of the sheriff or coroner whose office had become 
vacant. 

§ 3. The first election for representatives under this amended consti- 
tution shall be held on the second 'Tuesday of November, in the year of 
our Lord one thousand eight hundred and thirty-two; which shall be the 
commencement of biennial elections. At this election one senator shall 
be chosen in each county for four years. Also at the biennial election 
to be held in the several counties on the second T'nesday of November in 
the year of our Lord one thousand eight hundred and thirty-four, two 
senators shall be chosen in each county for four years each. But as the 
term of one senator in each county will expire on the second Tuesday 
of November, in the year of our Lord one thousand eight hundred and 
thirty-three, when no election will be held, to provide for this special 
case, a senator shall be chosen in each county, at the election held on the 
second Tuesday of November, in the year of our Lord one thousand 
eight hundred and thirty-two for one year, to succeed the senator for 
such county whose term will expire on the second Tuesday of Novem- 
ber, in the year of our Lord one thousand eight hundred and thirty- 
three, and to continue in office until the second Tuesday in November, 
in the year of our Lord one thousand eight hundred and thirty-four, 
when two senators shall be chosen in each county as afore-provided. 

§ 4. The term of office of the present governor shall not be vacated 
nor extended by amendment made to the constitution in this conven- 
tion ; but the said office shall continue during the original term tuereof, 


DELAWARE. 157 


but the ninth and fourteenth sections of the third article of this constitu- 
tion shall be immediately in force as amended. An election for gover- 
nor shall be held on the second Tuesday of November, in the year of 
our Lord one thousand eight hundred and thirty-two. 

§ 5. This constitution as amended, so far as shall concern the judicial 
department, shall commence and be in operation from and after the 
third T'uesday of January, in the year of our Lord one thousand eight 
hundred and thirty-two. All the courts of justice now existing shall 
continue with their present jurisdiction, and the chancellor and judges 
and the clerks of the said courts shall continue in office until the said 
third Tuesday of January, in the year of our Lord one thousand eight 
hundred and thirty-two; upon which day the said courts shall be abo- 
lished, and the offices of the said chancellor, judges, and clerks shall ex- 
pire. All writs of errorand appeals and proceedings which, on the third 
Tuesday of January, in the year of our Lord one thousand eight hun- 
dred and thirty-two, shall be depending in the high court of errors and 
appeals, and all the books, records, and papers of said court shall be 
transferred to the court of errors and appeals established by this amended 
constitution ; and the said writs of errors, appeals, and proceedings shall 
be proceeded in, in the said court of errors and appeals, to final judgment, 
decree, or other determination. 

All suits, proceedings, and matters which, on the third Tuesday of 
January, in the year of our Lord one thousand eight hundred and thirty- 
two, shall be depending in the supreme court, or court of common pleas, 
and all books, records, and papers of the said courts shall be transferred 
to the superior court established by this amended constitution, and the said 
suits, proceedings, and matters shall be proceeded in to final judgment or 
determination in the said superior court. All indictments, proceedings, and 
matters which, on the third Tuesday of January, in the year of our Lord 
oue thousand eight hundred and thirty-two, shali be depending in the 
court of general quarter sessions of the peace and jail delivery, shail be 
transferred to and proceeded in to final judgment and determination in 
the court of general sessions of the peace and jail delivery established 
by this amended constitution, and all books, records, and papers of said 
court of general quarter sessions of the peace and jail delivery shall 
be transferred to the said court of general sessions of the peace and jail 
delivery. All suits, proceedings, and matters which, on the third Tues- 
day of January, in the year of our Lord one thousand eight hundred and 
thirty-two, shall be depending in the court of chancery or in the orphans’ 
court, and all records, books, and papers of said courts respectively, shall 
be transferred to the court of chancery or orphans’ court respectively, 
established by this amended constitution, and the said suits, proceedings, 
and matters shall proceed in to final decree, order, or other determination, 

§ 6. The register’s courts and justices of the peace shall not be affected 
by any amendments of the constitution made in this convention; but 
the said courts and the terms of office of registers and justices of the 
peace shall remain the same as if said amendments had not been made. 

§ 7. The general assembly shall have power to make any law neces- 
sary to carry into effect this amended constitution. . 

§ 8. The provision in the twentieth section of the sixth article of this 
amended constitution (being the thirteeth section of the sixth article of 
the onginal cunstitution) of limitation of writs of error, shall have rela- 


158 CONSTITUTION OF 


tion to, and take date from, the twelfth day of June, in the year of out 
Lord one thousand seven hundred and ninety-two, the date of said ori- 
ginal constitution. 

§ 9. The governor shall have power to issue writs of election to supply 
vacancies in either house of the general assembly that have happened or 
may happen. 

§ 10, It is declared that nothing in this amended constitution gives a 
writ of error from the court of errors and appeals to the court of oyer and 
terminer or court of general sessions of the peace and jail delivery, nor 
an appeal from the court of general sessions of the peace and jail de- 
livery. 

The acts of the general assembly, increasing the number of justices 
of the peace, shall remain in force until repealed by the general assem- 
bly ; and no office shall be vacated by the amendment to this constitu- 
tion, unless the same be expressly vacated thereby, or the vacating the 
same is necessary to give effect to the amendments. 


Done in convention, the second day of December, in the year of our 
Lord one thousand eight hundred and thirty-one, and of the indepen- 
dence of the United States of America, the fifty-sixth. In testimony 
whereof, we have hereunto subscribed our names. 


CHARLES POLK, President. 


Thomas Adams, 
John Caulk, 

John M. Clayton, 
Peter L. Cooper, 
Thomas Deakyne, 
Edward Dingle, 
Wm. Dunning, 
John Elliott, 

James Fisher, 
William Hall, 
Thomas W. Handy, 
John Harlan, 
Charles H. Haughey, 
Hughitt Layton, 


James C. Lynch, 
James B. Macomb, 
Joseph Maull, 
Elias Naudian, 
William Nickolls, 
Samuel Radcliff, 
John Raymond, 
George Read, Jr. 
Henry F. Rodney, 
James Rogers, 
William Seal, 

P. Spruance, Jr. 
Wm. D. Waples, 


(Attest,) W. P. Bronson, Secretary 


MARYLAND. 15% 


CONSTITUTION OF MARYLAND.* 


The Declaration of Rights, and the Constitution and Form of 
Government of the State of Maryland. 


THE DECLARATION OF RIGHTS. 


Tue parliament of Great Britain, by a declaratory act, having assumed 
a right to make laws to bind the colonies in all cases whatsoever, and, 
in pursuance of such claim, endeavoured, by force of arms, to subjugate 
the united colonies to an unconditional submission to their will and 
power, and having at length constrained them to declare themselves in- 
dependent states, and to assume a government under the authority of the 
people: Therefore, 

We, the delegates of Maryland, in free and full convention assembled, 
taking into our most serious consideration the best means of establishing 
a good constitution in this state, for the sure foundation and more per- 
manent security thereof, declare : 

1, That all government of right originates from the people, is founded 
in compact only, and instituted solely for the good of the whole. 

2. That the people of this state ought to have the sole and exclusive 
right of regulating the internal government and police thereof. 

3. That the inhabitants of Maryland are entitled to the common law 
of England, and the trial by jury, according to the course of that law, 
and to the benefit of such of the English statutes, as existed at the time 
of their first emigration ; and which, by experience, have been found 
applicable to their local and other circumstances, and of such others as 
have been since made in England, and Great Britain, and have been in- 
troduced, used, and practised by the courts of law or equity ; and also to 
all acts of assembly, in force on the first of June, seventeen hundred and 
seventy-four, except such as may have since expired, or have been, or 
may be, altered by acts of convention, or this declatation of rights—sub- 
ject, nevertheless, to the revision of, and amendment or repeal by, the 
legislature of this state; and the inhabitants of Maryland are also en- 
titled to all property derived to them from or under the charter granted 
by his majesty Charles I. to Cecilius Calvert, baron of Baltimore. 

4, That all persons invested with the legislative or executive powers 
of government are the trustees of the public, and, as such, accountable 
for their conduct ; wherefore, whenever the ends of government are per- 
verted, and the public liberty manifestly endangered, and all other means 
of redress are ineffectual, the people may, and of right ought to do, re- 
form the old, or establish a new government. The doctrine of non- 
resistance against arbitrary power and oppression is absurd, slavish, and 
destructive of the good and happiness of mankind. 


* Such parts of the original constitution, or the amendments thereto, as have been 
altered or abolished, are printed in brackets, 


160 CONSTITUTION OF 


5. That the right, in the people, to participate in the legislature, is 
the best security of liberty, and the foundation of all free government ; 
for this purpose, elections ought to be free and frequent, and every man 
having property in, a common interest with, and an attachment to, the 
community, ought to have a right of suffrage. 

6. That the legislative, executive, and judicial powers of government 
ought to be for ever separate and distinct from each vther. 

7. That no power of suspending laws, or the execution of laws unless 
by, or derived from, the legislature, ought to be exercised or allowed. 

8. That freedom of speech and debate, or proceedings, in the legisla- 
ture, ought not be impeached in any other court of judicature. 

9. That a place for the meeting of the legislature ought to be fixed, 
the most convenient to the members thereof, and to the depository of 
public records ; and the legislature ought not to be convened or held at 
any other place, but from evident necessity. 

10. What, for redress of grievances, and for amending, strengthening, 
and preserving the laws, the legislature ought tu be frequently convened. 

li. That every man hath a right to petition the legislature, for the 
redress of grievances, in a peaceable and orderly manner. 

12. That no aid, charge, tax, burthen, fee or fees, ought to be set, 
rated, or levied, under any pretence, without consent of the legislature. 

13. That the levying of taxes by the poll is grievous and oppressive, 
and ought to be abolished; that paupers ought not to be assessed for the 
support of government; but every other person in the state ought to con- 
tribute his proportion of public taxes, for the support of government, 
according to his actual worth, in real or personal property, within the 
state; yet fines, duties, or taxes may properly and justly be imposed or 
laid, with political view, for the good government and benefit of the com- 
munity. 

14. That sanguinary laws ought to be avoided, as far as is consistent 
with the safety of the state; and no law to inflict cruel and unusual 
pains and penalties ought to be made in any case, or at any time here- 
after. ‘ 

15. That retrospective laws, punishing facts committed before the ex- 
istence of such laws, and by them only declared criminal, are oppressive, 
unjust, and incompatible with liberty ; wherefore, no ex post facto law 
eught to be made, 

16. That no law to attaint particular persons of treason or felony, 
ought to be made in any case, or any time hereafter. 

17. That every freeman, for any injury done him in his person or pro- 
perty, ought to have remedy, by the course of the law of the land, and 
ought to have justice and right, freely, without sale, fully, without any 
denial, and speedily, without delay, according to the law of the land. 

18. That the trial of facts where they arise is one of the greatest 
securities of the lives, liberties, and estates of the people. 

19. That, in all criminal prosecutions, every man hath a right to be 
informed of the accusation against him; to have a copy of the indict- 
ment or charge in due time (if required) to prepare for his defence ; to 
be allowed counsel; to be confronted with the witnesses against him, 
to have process for his witnesses; to examine the witnesses for and 
against him «fr sath; and to a speedy trial by an impartial jury, with. 
ont whose uname consent he ought not to be found guilty, 


Aa 


——— 


MARYLAND. 161 


20. That no man ought to be compelled to give evidence against 
hinself, in a court of common law, or in any other court, but in such 
cases as have been usually practised in this state, or may hereafter be 
directed by the legislature. 

21. That no freeman ought to be taken, or imprisoned, or disseized of 
his freehold, liberties, or privileges, or outlawed, or exiled, or in any 
manner destroyed, or deprived of his life, liberty, or property, but by the 
judgment of his peers, or by the law of the land. 

22. That excessive bail ought not to be required, nor excessive fines 
imposed, nor cruel or unusual punishments inflicted by the courts of 
’ law. 

23. That all warrants, without oath or affirmation, to search sus- 
pected places, or to seize any person or property, are grievous and op- 
pressive ; and all general warrants to search suspected places, or to ap- 
prehend suspected persons, without naming or describing the place or 
the person in special, are illegal, and ought not to be granted. 

24, ‘That there ought to be no forfeiture of any part of the estate of 
any person, for any crime except murder, or treason against the state, 
and then only on conviction and attainder. 

25. ‘That a well regulated militia is the proper and natural defence 
of a free government. 

26. That standing armies are dangerous to liberty, and ought not to 
be raised or kept up without consent of the legislature. 

27. That, in all cases and at all times, the military ought to be under 
strict subordination to, and contro! of, the civil power. 

28. ‘That no soldier ought to be quartered in any house in time of 
peace, without the consent of the owner; and in time of war, in such 
manner only as the legislature shall direct. 

29. That no person, except regular soldiers, mariners, and marines in 
the service of this state, or militia when in actual service, ought in any 
case to be subject to, or punishable by, martial law. 

30, ‘That the independency and uprightness of judges are essential to 
the impartial administration of justice, and a great security to the rights 
and liberties of the people; wherefore, the chancellor and judges ought 
to hold commissions during good behaviour ; and the said chancellor and 
judges shall be removed for misbehaviour, on conviction in a court of 
law, and may be removed by the governor, upon the address of the gen- 
eral assembly: provided, that two-thirds of all the members of each 
house concur in such address. That salaries, liberal, but not profuse, 
ought to be secured to the chancellor and the judges during the con- 
tinuance of their commissions, in such manner, and at such times, as 
the legislature shall hereafter direct, upon consideration of the cireum- 
stances of this state. No chancellor or judge ought to hold any other 
office, civil or military, or receive fees or perquisites of any kind. 

31. That a long continuance in the first executive department of 
power or trust, is dangerous to liberty ; a rotation, therefore, in those 
departments, is one of the best securities of permanent freedom. 

32. That no person ought to hold, at the same time, more than one 
office of profit, nor ought any person in public trust to receive any pre- 
sent from any foreign prince or state, or from the United States, or any 
of them, without the approbation of this state. 

33, That, as it is the duty of every man to worship God in such man- 

02 


162 CONSTITUTION OF 


ner as he thinks most acceptable to him, all persons professing the 
Christian religion are equally entitled to protection in their religious 
liberty ; wherefore, no person ought by any law to be molested in his 
person or estate, on account of his religious persuasion or profession, or 
for his religious practice ; unless, under colour of religion, any man shall 
disturb the good order, peace, or safety of the state, or shall infringe the 
laws of morality, or injure others in their natural, civil, or religious 
rights: nor ought any person to be compelled to frequent, or maintain, 
or contribute, unless on contract, to maintain any particular place of 
worship or any particular ministry ; (yet the legislature may, in their 
discretion, lay a general and equal tax for the support of the Christian 
religion ; leaving to each individual the power of appointing the pay- 
ment over of the money, collected from him, to the support of any parti- 
cular place of worship or minister, or for the benefit of the poor of his 
own denomination, or the poor in general of any particular county ;) 
but the churches, chapels, glebes, and all other property, now belonging 
to the church of England, ought to remain to the church of England for 
ever. And all acts of assembly lately passed, for collecting moneys for 
building or repairing particular churches or chapels of ease, shall con- 
tinue in force, and be executed, unless the legislature shall, by act, super- 
sede or repeal the same: but no county court shall assess any quantity 
of tobacco, or sum of money, hereafter, on the application of any vestry- 
men or church-wardens ; and every incumbent of the church of England, 
who hath remained in his parish, and performed his duty, shall be en- 
titled to receive the provision and support established by the act entitled 
“an act for the support of the clergy of the church of England in this 
province,” till the November court of this present year, to be held for the 
county in which his parish shall lie, or partly lie, or for such time as he 
Lath remained in his parish, and performed his duty. 

34, That every gift. sale, or devise of lands. to anv minister, public 
teacher, or preacher of the gospel, as such, or to any religious sect, or- 
der, or denomination, or to or for the support, use, or benefit of, or in trust 
for, any minister, public teacher, or preacher of the gospel, as such, or 
any religious sect, order, or denomination ; and every gift or sale of goods 
or chattels, to go in succession, or to take place after the death of the 
seller or donor, to or for such support, use, or benefit, and also every 
devise of goods or chattels to or for the support, use, or benefit of any 
minister, public teacher, or preacher of the gospel, as such, or any re- 
ligious sect, order, or denomination, without the leave of the legislature, 
_ shall be void, except always any sale, gift, lease, or devise of any quantity 
of land not exceeding two acres, for a church, meeting, or other house 
of worship, and for a burying ground, which shall be improved, enjoyed, 
or used only for such purpose, or such sale, gift, lease, or devise, shall 
he void. 

35. That no other test or qualification ought to be required, on ad- 
mission to any office of trust or profit, than such oath of support and 
fidelity to this state, and such oath of office, as shall be directed by this 
convention or the legislature of this state, and a declaration of a belief 
in the Christian religion. 

26. That the manner of administering an oath to any person, ought 
to be such as those of the religious persuasion, profession, or denomma- 
tion, of which such person is one, generally esteem the most efiectua, 


MARYLAND. 163 


confirmation by the attestation of the divine Being ; and that the people 
called Quakers, those called Tunkers, and those called Menonists, hold- 
ing it unlawful to take an oath on any occasion, ought to be allowed to 
make their solemn affirmation in the manner that Quakers have been 
heretofore allowed to affirm; and to be of the same avail as an oath in 
all such cases as the affirmation of Quakers hath been allowed and ac- 
cepted within this state instead of an oath. And further, on such affir- 
mation, warrants to search for stolen goods, or the apprehension or com- 
mitment of offenders, ought to be granted, or security for the peace award- 
ed, and Quakers, ‘Tunkers, or Menonists ought also, on their solemn 
affirmation aforesaid, to be admitted as witnesses in all criminal cases, 
[not capital. | 

37. That the city of Annapolis ought to have all its rights, privileges, 
and benefits, agreeable to its charter and the acts of assembly confirm- 
ing and regulating the same, subject, nevertheless, to such alterations as 
may be made by this convention or any future legislature. . 

38. That the liberty of the press ought to be inviolably preserved. 

39. That monopolies are odious, contrary to the spirit of a free govern- 
ment, and the principles of commerce, and ought not to be suffered. 

40, That no title of nobility, or hereditary honours, ought to be grant- 
ed in this state. 

41, That the subsisting resolves of this and the several conventions 
held for this colony, ought to be in force as laws, unless altered by this 
convention, or the legislature of this state. 

42. That this declaration of rights, or the form of government to be 
established by this convention, or any part of either of them, ought not 
to he altered, changed, or abolished by the legislature of this state, but in 
such manner as this convention shall prescribe and direct. 


This declaration of rights was assented to and passed, in convention 
of the delegates of the freemen of Maryland, begun and held at 
Annapolis, the 14th day of August, A. D. 1776. 

By order of the convention. 
MAT. TILGHMAN, Pres’t. 


The Constitution and Form of Government. 


1. That the legislature consist of two distinct branches, a senate and 
house of delegates, which shall be styled, the general assembly of Mary- 
land. 

2. That the house of delegates shall be chosen in the following man- 
ner : all freemen, [above twenty-one years of age, having a freehold of 
fifty acres of land in the county in which they offer to vote, and residing 
therein, and all freemen having property in this state above the value of 
thirty pounds current money, and having resided in the county in which 
they offer to vote one whole year next preceding the election, shall have 
a right of suffrage in the election of delegates for such county ; and all 
freemen so] qualified shall, on the first Monday of October, seventeen 
hundred and seventy-seven, and on the same day in every year there- 
after, assemble in the counties in which they are respectively qualified to 
vote, [at the court-house in the said counties, or at such other place as 
the legislature shall direct ;] and, when assembled, they shall proceed to 
elect [viva voce] four delegates for their respective counties, of the most 


164 CONSTITUTION OF 


wise, sensible, and discreet of the people, residents in the county where 
they are to be chosen one whole year next preceding the election, above 
twenty-one years of age, [and having in the state real or personal pro- 
perty above the value of five hundred pounds current money 5] and upon 
the final casting of the polls, the four persons who shall appear to have 
the greatest number of legal votes shall be declared and returned duly 
elected for their respective county. 

3. [That the sheriff of each county, or, in ease of sickness, his deputy, 
(summoning two justices of the county, who are required to attend for 
the preservation of the peace,) shall be judge of the election, and may 
adjourn from day to day, if necessary, till the same be finished, so that 
the whole election shall be concluded in four days, and shall make his 
return thereof, under his hand, to the chancellor of this state for the 
time being. ] 

4, That all persons, qualified by the charter of the city of Annapolis 
to vote for burgesses, shall, on the same first Monday of October, seven- 
teen hundred and seventy-seven, and on the same day in every year for 
ever thereafter, elect, [viva voce,] by a majority of votes, two delegates, 
qualified agreeable to the said charter; [that the mayor, recorder, and 
aldermen of the said city, or any three of them, be judges of the election, 
appoint the place in the said city for holding the same, and may adjourn 
from day to day, as aforesaid; and shall make return thereof as afore- 
said ; but the inhabitants of the said city shall not be entitled to vote for 
delegates for Anne-Arundel county, unless they have a freehold of fifty 
acres of Jand in the county, distinct from the city.] 

5. That all persons, inhabitants of Baltimore town, and having the 
same qualifications as electors in the county, shall, on the same first 
Monday of October, seventeen hundred and seventy-seven, and on the 
same day in every year for ever thereafter, [at such place in the said 
town as the judges shall appoint,} elect, [viva voce,] by a majority of 
votes, two delegates, [qualified as aforesaid ;] but, if the said inhabitants 
of the town shall so decrease, as that the number of persons having a 
right of suffrage therein shall have been, for the space of seven years suc- 
cessively, less than one-half the number of voters in some one county 
in this state, such town shall thenceforward cease to send two delegates 
or representatives to the house of delegates, until the said town shall 
have one-half of the number of voters in some one county in this state. 

6. That [the commissioners of the said town, or any three or more of 
them, for the time being, shall be judges of the said election, and may 

‘adjourn as aforesaid, and shall make return thereof as aforesaid; but] 
the inhabitants of the said town shall not be entitled to vote for, or be 
elected, delegates for Baltimore county : neither shall the inhabitants of 
Baltimore county, out of the limits of Baltimore town, be entitled to vote 
for, or be elected, delegates for the said town. 

7. That, on refusal, death, disqualification, resignation, or removal 
out of this state of any delegate, or on his becoming governor or mem- 
ber of the council, a warrant of election shall issue by the speaker, for the 
election of another in his place; of which ten days’ notice at the least 
(excluding the day of notice and the day of election) shall be given. 

8. That no less than a majority of the delegates, with their speaker, 
(to be chosen by them by ballot,) constitute a house for the transacticn 
of any business, other than that of adjourning. 


— 


Dd 


MARYLAND. 165 


9. That the house of delegates shall judge of the elections and quali 
fications of delegates. 

10. That the house of delegates may originate all money bills, pro- 
pose bills to the senate, or receive those offered by that body, and assent, 
dissent, or propose amendments ; that they may inguire, on the oath of 
witnesses, into all complaints, grievances, and offences, as the grand 
inquest of this state, and may commit any person, for any crime, to the 
public jail, there to remain till he be discharged by due course of law. 
‘hey may expel any member for a great misdemeanor, but not a second 
time for the same cause. ‘They may examine and pass all accounts of 
the state, relating cither to the collection or expenditure of the revenue, 
or appoint auditors to state and adjust the same. ‘hey may call for all 
public or official papers and records, and send for persons whom they 
may judge necessary in the course of their inquiries, concerning affairs 
relating to the public interest; and may direct all office bonds (which 

‘shall be made payable to the state) to be sued for any breach of duty. 

11. That the senate may be at full and perfect liberty to exercise 
their judgment in passing laws ; and that they may not be compelled by 
the house of delegates, either to reject a money bill, which the emer- 
gency of affairs may require, or to assent to some other act of legisla- 
tion, in their conscience and judgment injurious to the public welfare, 
the house of delegates shall not, on any occasion, or under any pre- 
tence, annex to, or blend with, a money bill, any matter, clause, or thing 
not immediately relating to, and necessary for the imposing, assessing, 
levying, or applying the taxes or supplies to be raised for the support of 
government, or the current expenses of the state; and to prevent alter- 
cation about such bills, it is declared, that no bill imposing duties or 
customs for the mere regulation of commerce, or inflicting fines for the 
reformation of morals, or to enforce the execution of the laws, by which 
an incidental revenue may arise, shall be accounted a money bill; but 
every bill assessing, levying, or applying taxes or supplies for the support 
of government or the current expenses of the state, or appropriating 
money in the treasury, shall be deemed a money bill. 

12. That the house of delegates may punish, by imprisonment, any 
person who shall be guilty of a contempt, in their view, by any disor- 
derly or riotous behaviour, or by threats to, or abuse of their members, 
or by any obstruction to their proceedings. ‘They may also punish, by 
imprisonment, any person who shall be euilty of a breach of privilege, 
by arresting on civil process, or by assaulting any of their members, 
during their sitting, or on their way to, or return from, the house of 
delegates, or by any assault of, or obstruction to their officers, in the 
execution of any order or process, or by assaulting or obstructing any 
witness, or any other person, attending on, or on their way to or from 
the house, or by rescuing any person committed by the house; and the 
senate may exercise the same power in similar cases. 

13. That the treasurers (one: for the western, and another for the 
eastern shore) and the commissioners of the loan office, may be appointed 
by the house of delegates, during their pleasure ; and, in case of a re- 
fusal, death, resignation, disqualification, or removal out of the state, of 
any of the said commissioners or treasurers, in the recess of the general 
assembly, the governor, with the advice of the council, may appoint and 


166 CONSTITUTION OF 


commission a fit and proper person to such vacant office, to hold the 
same until the meeting of the next general assembly. 

14. That the senate be chosen in the following manner: all persons 
qualified [as aforesaid] to vote for county delegates, shall, on the first 
Monday of September, 1781, and on the same day in every fifth year 
for ever thereafter, elect, [viva voce,] by a majority of votes, two per- 
sons for their respective counties (qualified [as aforesaid] to be elected 
county delegates) to be electors of the senate: [and the sheriff of each 
county, or, in case of sickness, his deputy, (summoning two justices of 
the county, who are required to attend for the preservation of peace, 
shall hold and be judge of the said election, and make return thereof, 
aforesaid.] And all persons qualified [as aforesaid,] to vote for delegates 
for the city of Annapolis and Baltimore town, shall, on the same first 
Monday of September, 1781, and on the same day in every fifth year 
for ever thereafter, elect, [viva voce,] by a majority of votes, one person 
for the said city and town respectively, qualified [as aforesaid] to be 
elected a delegate for the said city and town respectively ; the said elec- 
tion to be held in the same manner, as the election of delegates for the 
said city and town; the right to elect the said electors, with respect to 
Baltimore town, to continue as long as the right to elect delegates for 
the said town. 

15. That the said clectors of the senate meet at the city of Annapolis, 
or such other place as shall be appointed for convening the legislature, 
on the third Monday in September, 1781, and on the same day in every 
fifth year for ever thereafter; and they, or any twenty-four of them, so 
met, shall proceed to elect, by ballot, either out of their own body, or the 
people at large, fifteen senators, (nine of whom to be residents on the 
western, and six to be residents on the eastern shore,) men of the most 
wisdom, experience, and virtue, above twenty-five years of age, residents 
of the state above three whole years next preceding the election, [and 
having therein real and personal property, above the value of one thou- 
sand pounds, current money. ] 

16. That the senators shall be balloted for at one and the same time ; 
and out of the gentlemen, residents of the western shore, who shall be 
proposed as senators, the nine who shall, on striking the ballots, appear 
to have greatest numbers in their favour, shall be accordingly declared 
and returned duly elected ; and out of the gentlemen, residents on the 
eastern shore, who shall be proposed as senators, the six who shall, on 
striking the ballots, appear to have the greatest numbers in their favour, 
shall be accordingly declared and returned duly elected ; and if two or 
more, on the same shore, shall have an equal number of ballots in thei 
favour, by which the choice shall not be determined on the first ballot 
then the electors shall again ballot before they separate, in which they 
shall be confined to the persons who on the first ballot shall have had an 
equal number ; and they who shall have the greatest number in their favour 
on the second ballot, shall .be accordingly declared and returned duly 
elected ; and if the whole number should not thus be made up, because 
of an equal number on the second ballot still being in favour of two or 
more persons, then the election shall be determined by lot between those 
who have equal numbers ; which proceedings of the electors shall be cer- 
tified under their hands, and returned to the chancellor for the time being 


MARYLAND. 161 


17. That the electors of senators shall judge of the qualifications and 
elections of members of their body ; and on a contested election shall ad 
mit to a seat, as an elector, such qualified person as shall appear to then 


to have the greatest number of legal votes in his favour. 


/ 


18. That the electors, immediately on their mecting, and before they 
proceed to the election of senators, take such oath of support and fidelity 
to this state as this convention~or the legislature shall direct, and also 
an oath “ to elect without favour, affection, partiality, or prejudice, such 
persons for senators as they in their judgment and conscience believe 
best qualified for the office.” 

19. That, in case of refusal, death, resignation, disqualification, or re- 
moval out of this state of any senator, or on his becoming governor, ora 
member of the council, the senate shall, immediately thereupon, or at 
their next meeting thereafter, elect by ballot (in the same manner as 
the electors are above directed to choose senators) another in his place, 
for the residue of the said term of five years. 

20. That not less than the majority of the senate, with their president, 
(to be chosen by them by ballot,) shall constitute a house for the trans- 
acting any business other than that of adjourning. 

21. That the senate shall judge of the elections and qualification of 
senators. 

22. That the senate may originate any other, except money-bills te 
which their assent or dissent only shall be given: and may receive any 
other bills from the house of delegates, and assent, dissent, or propose 
amendments. 

23. That the general assembly meet annually [on the first Monday 
of November,] and, if necessary, oftener. 

24, That each house shall appoint its own officers, and settle its own 
rules of proceeding. 

25. That a person of wisdom, experience, and virtue shall be chosen 
governor, [on the second Monday of November, seventeen hundred and 
seventy-seven, and on the second Monday in every year for ever there- 
after,] by the joint ballot of both houses, (to be taken in each house re- 
spectively,) deposited in a conference room, the boxes to be examined by 
a joint committee of both houses, and the numbers severally reported, 
that the appointment may be entered ; which mode of taking the joint 
ballot of both houses shall be adopted in all cases. But if two or more 
shall have an equal number of ballots in their favour, by which the 
choice shall not be determined on the first ballot, then a second ballot 
shall be taken, which shall be confined to the persons who on the first 
ballot shall have an equal number; and if the ballots should again be 
equal between two or more persons, then the election of the governor 
shall be determined by lot between those who have equal numbers ; and 
if the person chosen governor, shall die, resign, remove out of the state, 
or refuse to act, (sitting the general assembly,) the senate and house of 
delegates shall immediately thereupon proceed to a new choice, in man- 
ner aforesaid. 

26. That the senators and delegates, [on the second Tuesday of No- 
vember, seventeen hundred and seventy-seven, and annually on the 
second Tuesday of November, for ever thereafter,] elect by joint balloc 
(in the same manner as senators are directed to be chosen) five of the 
most sensible, discreet, and experienced men, above twenty-five years of 


168 CONSTITUTION OF 


age, residents in the state above three years next preceding the election, 
[and having therein a freehold of lands and tenements, above the value 
of one thousand pounds current money,] to be the council to the gover- 
nor, whose proceedings shall be always entered on record, to any part 
whereof any member may enter his dissent; and their advice, if so re- 
quired by the governor, or any member or the council, shall be given 
in writing, and signed by the members giving the same respectively ; 
which proceedings of the council shall be laid before the senate or house 
of delegates, when called for by them or either of them. The council 
may appoint their own clerk, who shall take such oath of support and 
fidelity to this state, as this convention, or the legislature, shall direct ; 
and of secrecy, in such matters as he shall be directed by the board to 
keep secret. 

27. [That the delegates to congress from this state shall be chosen 
annually, or be superseded in the mean time, by the joint ballot of both 
houses of assembly ; and that there be a rotation in such manner, that at 
least two of the number be annually changed ; and no person shall be 
capable of being a delegate to congress for more than three in any 
term of six years; and no person who-holds any office of profit in the 
gift of congress, shall be eligible to sit in congress; but if appointed to 
any such office, his seat shall be thereby vacated. ‘That no person, un- 
less above twenty-five years of age, and a resident in the state more than 
five years next preceding the election, and having real and personal estate 
in this state above the value of one thousand pounds current money, shall 
be eligible to sit in congress. ] 

28. That the senators and delegates, immediately on their annual 
meeting, and before they proceed to any business, and every person here- 
after elected a senator or delegate, before he acts as such, shall take an 
oath of support and fidelity to this state, as aforesaid; and before the 
election of a governor, or members of the council, shall take an oath, “ to 
elect without favour, affection, partiality, or prejudice, such person as 
governor, or member of the council, as they, in their judgment and con- 
science, believe best qualified for the office.” 

29. That the senate and delegates may adjourn themselves respec- 
tively ; but if the two houses shall not agree on the same time, but ad- 
journ to different days, then shall the governor appoint and notify one 
of those days, or some day between; and the assembly shall then meet 
and be held accordingly : and he shall, if necessary, by advice of the 
council, call them before the time to which they shall in any manner be- 
adjourned, on giving not less than ten days’ notice thereof: but the gover- 
nor shall not adjourn the assembly, otherwise than as aforesaid, nor pro-~ 
rogue nor dissolve it at any time. 

30. That no person, unless above twenty-five years of age, a resident 
in this state above five years next preceding the election, [and having in 
the state real and personal property above the value of five thousand 
pounds current money (one thousand pounds whereof, at least, to be of 
freehold estate) ] shall be eligible as governor. 

31. That the governor shall not continue in that office longer than 
three years successively, nor be eligible as governor until the expiration 
of four years after he shall have been out of that office. 

32. That upon the death, resignation, or removal out of this state of 
the governor, the first named of the council, for the time being, shall act 


MARYLAND i169 


as governor, and qualify in the same manner, {and shall immediately 
call a meeting of] the general assembly, [giving not less than fourteen 
day’s notice of the meeting ; at which] meeting a governor shall be ap- 
pointed, in manner aforesaid, for the residue of the year. 

_33. That the governor, by and with the advice and consent of the 
council, may embody the militia ; and, when embodied, shall alone have 
the direction thereof; and shall also have the direction of all the regular 
land and sea forces, under the laws of this state, (but he shall not com- 
mand in person, unless advised thereto by the council, and then only so 
long as they shall approve thereof ;) and may alone exercise all other the 
executive powers of government, where the concurrence of the council is 
not required, according to the laws of this state, and grant reprieves or 
pardons, for any crime, except in such cases where the law shall other- 
wise direct; [and may, during the recess of the general assembly, lay 
embargoes to prevent the departure of any shipping, or the exportation 
of any commodities, for any time not exceeding thirty days in any one 
year, summoning the general assembly to meet within the time of the 
continuance of such embargo ;] and may also order and compel any ves- 
sel to ride quarantine, if such vessel, or the port from which she shall 
have come, shall, on strong grounds, be suspected. to be infected with the 
plague ; but the governor shall not, under any pretence, exercise any 
power or prerogative, by virtue of any law, statute, or custom of England 
or Great Britain. 

34. That the members of the council, or any three or more of them, 
when convened, shall constitute a board for the transacting of business ; 
that the governor, for the time being, shall preside in the council, and 
- be entitled to a vote on all questions in which they shall be divided in 
opinion ; and in the absence of the governor, the first named of the coun- 
cil shall preside, and, as such, shall also vote in all cases where the other 
members disagree in their opinion. 

35. That, in cases of refusal, death, resignation, disqualification, or 
removal out of thestate, by any person chosen a member of the council, 
the members thereof,.immediately thereupon, or at their next meeting 
thereafter, shall elect, by ballot, another person, (qualified [as aforesaid]) 
in his place, for the residue of the year. 

_ 36. That the council shall have power to make the great seal of this 
state, which shall be kept by the chancellor for the time being, and affixed 
to all laws, commissions, grants, and other public testimonials, as has 
been heretofore practised in this state. 

37. That no senator, delegate of the assembly, or member of the 
council, if he shall qualify as such, shall hold or execute any oflice of 
profit, or receive the profits of any office exercised by any other person, 
during the time for which he shall be elected ; nor shall any governor 
be capable of holding any other office of profit in this state, while he 
acts as such ; and no person, holding a place of profit, or receiving any 
part of the profits thereof, or receiving the profits arising on any agency, 
for the supply of clothing or provisions for the army or navy, or holding 
any office under the United States, or. any of them—or a minister, or 
preacher of the gospel, of any denomination—or ‘any person employed 
in the regular land service, or marine, of this, or the United States, 
shall have a seat in the general assembly, or in the council of this state 
' 98. That every governor, senator, delegate to [congress or] assembly 

P 


170 CONSTITUTION OF 


and member of the council, before he acts as such, shall take an oath, 
“that he will not receive, directly or indirectly, at any time, any part 
of the profits of any office held by any other person, during his acting 
- in his office of governor, senator, delegate to [congress or] assembly, or 
member of the council, or the profits, or any part of the profits, arising 
on any agency, for the supply of clothing or provisions for the army or 
navy.” 

39. That, if any senator, delegate to [congress or] assembly, or mem- 
ber of the council, shall hold or execute any office of profit, or receive, 
directly or indirectly, at any time, the profits, or any part of the profits, 
of any office exercised by any other person, during his acting as senator, 
delegate to [congress or] assembly, or member of the council—his seat 
(on conviction in a court of law, by the oath of two credible witnesses) 
shall be void; and he shall suffer the punishment for wilful and corrupt 
perjury, or be banished this state for ever, or disqualified for ever from 
holding any office or place of trust or profit, as the court may adjudge. 

AQ. That the chancellor, [all judges,] the attorney-general, [clerks of 
the general court,] the clerks of the county courts, the registers of the 
land office, and the registers of wills, shall hold their commissions during 
good behaviour, removable only for misbehaviour, on conviction in a 
court of law. 

Al. That there be a register of wills appointed for each county, who 
shall be commissioned by the governor, on the joint recommendation 
of the senate and house of delegates; and that, upon the death, resigna- 
tion, disqualification, or removal out of the county, by any register of 
wills, in the recess of the general assembly, the governor, with the ad- 
vice of the council, may appoint and commission a fit and proper person 
to such vacant office, to hold the same until the meeting of the general 
assembly. 

42. That sheriffs shall be elected in each county, by ballot, every 
third year; that is to say, two persons for the office of sheriff for each 
county, the one of whom having the majority of the votes, or if both 
have an equal number, either of them, at the discretion of the governor, 
to be commissioned by the governor, for the said office ; and having 
served for three years, such person shall be ineligible for the four years 
next succeeding ; bond with security to be taken every year as usual : 
and no sheriff shall be qualified to act before the same be given. In 
case of death, refusal, resignation, disqualification, or removal out of the 
county, before the expiration of the three years, the other person, chosen 
as aforesaid, shall be commissioned by the governor, to execute the said 
office for the residue of the said three years, the said person giving bond 
with security as aforesaid ; and, in case of his death, refusal, resigna- 
tion, disqualification, or removal out of the county, before the expiration 
of the said three years, the governor, with the advice of the council, 
‘may nominate and commission a fit and proper person to execute the 
said office for the residue of the said three years, the said person giving 
‘bond and security as aforesaid. The election shall be held at the same 
time and place appointed for the election of delegates ; [and the justices 
‘there summoned to attend for the preservation of the peace, shall be 
judges thereof, and of the qualification of candidates, who shall appoint 
a clerk to take the ballots. All freemen; above the age of twenty-one 
years, having a freehold of fifty acres of land in the county in which 


MARYLAND. 17] 


they offer to ballot, and residing therein—and all freemen, above the age 
of twenty-one years, and having property in the state above the value 
of thirty pounds current money, and having resided m the county in 
which they offer to ballot one whole year next preceding the election— 
shall have aright of suffrage.] No person to be eligible to the office of 
sheriff for a county, but an inhabitant of the said county, above the age 
of twenty-one years, [and having real and personal property in the state 
above the value of one thousand pounds, current money.] The justices 
[aforesaid] shall examine the ballots; and the two candidates properly 
qualified, having in each county the majority of legal ballots, shall be 
declared duly elected for the office of sheriff for such county, and re- 
turned to the governor and council, with a certificate of the number of 
ballots for each of them. 

43. That every person who shall offer to vote for delegates, or for the 
electors of the senate, or for the sheriff, shall, (if required by any three 
persons qualified to vote,) before he be admitted to poll, take such oath 
or affirmation of support and fidelity to this state, as this convention or 
the legislature shall direct. 

44, That a justice of the peace may be eligible as a senator, dele- 
gate, or member of the council, and may continue to act as a justice of 
the peace. 

45, [That no field officer of the militia shall be eligible as a senator, 
delegate, or member of the council.] 

46. That all civil officers, hereafter to be appointed for the several 
counties of this state, shall have been residents of the county respec- 
tively for which they shall be appointed, six months next before their 
appointment ; and shall continue residents of their county respectively 
during their continuance in office. 

47, The judges of [the general court, and justices of] the county 
courts, may appoint the clerks of their respective courts; [and, in case 
of refusal, death, resignation, disqualification, or removal out of the - 
state, or from their respective shores, of the clerk of the general court, 
or either of them, in the vacation of the said court]—and, in case of 
refusal, death, resignation, disqualification, or removal out of the county, 
of any of the said county clerks, in the vacation of the county court of 
which he is clerk—the governor, with the advice of the council, may 
appéint and commission a fit and proper person to such vacant office 
respectively, to hold the same until the meeting of the next [general 
court, or] county court, as the case may he. , 

48, That the governor for the time being, with the advice and con- 
sent of the council, may appoint the chancellor, and all judges and jus- 
tices, the attorney-general, [naval officers,] officers in the regular land 
and sea service, officers of the militia, registers of the land office, sur- 
veyors, and all other civil officers of government, (assessors, constables, 
and overseers of the roads, only excepted,) and may.also suspend or re- 
move any civil officer, who has not a commission during good behaviour ; 
and may suspend any militia officer for one month ; and may also sus- 
pend or remove any regular officer in the land or sea service; and the 
governor may remove or suspend any militia officer, in pursuance of the 
judgment of a court-martial. 

49, That all civil officers, of the appointment of the governor and 
council, who do not hold commissions during good behaviour, shall be 


172 CONSTITUTION OF 


appointed annually [in the third week of November.] But, if any of 
them shall be reappointed, they may continue to act without any new 
commission or qualification ; and every officer, though not reappointed, 
shall continue to act until the person who shall be appointed and com- 
missioned in his stead shall be qualified. . 

50, hat the governor, every member of the council, and every judge 
and justice, before they act as such, shall respectively take an oath 
“that he will not, through favour, affection, or partiality, vote for any 
person to office, and that he will vote for such person as in his judgment 
wna conscience he believes most fit and best qualified for the office : and 
that he bas not made, nor will make, any promise or engagement to give 
his vote or interest in favour of any person.” » 

51. Chat there be two registers of the land office, one upon the west- 
ern, and the other upon the eastern shore ; that short extracts of the 
“grants and certificates of the land on the western and eastern shores 
respectively be made in separate books, at the public expense, and de- 
posited in the offices of the said registers, in such manner as shall here- 
after be provided by the general assembly. 

52. That every chancellor, judge, register of wills, commissioner of 
the loan office, attorney-general, sheriff, treasurer, [naval officer, ] regis- 
ter of the land office, register of the chancery court, and every clerk of 
the common law courts, surveyor, and auditor of the public accounts, 
before he acts as such, shall take an oath, “ that he will not, directly or 
indirectly, receive any fee or reward for doing his office of , but 
what is, or shall be, allowed by law; nor will, directly or indirectly, 
yeceive the profits or any parts of the profits of any office held by any 
person ; and that he does not hold the same office in trust, or for the 
benefit of any other person.” ~ y 

53. That, if any governor, chancellor, judge, register of wills, attor- 
ney-general, register of the land office, commissioners of the loan office, 
register of the chancery court, or any clerk of the common law courts, 
treasurer, [naval officer,] sheriff, surveyor, or auditor of public accounts, 
shall receive, directly or indirectly, at any time, the profits or any parts 
of the profits of any office, held by any other person, during his acting 
in the office to which he is appointed, his election, appointment, and 
commission, (on conviction in a court of law, by the oath of two credi- 
ble witnesses,) shall be void, and he shall suffer the punishment for Wil- 
ful and corrupt perjury, or be banished this state for ever, or disqualified 
for ever from holding any office or place of trust or profit, as the court 
may adjudge. 

54. That, if any person shall give any bribe, present, or reward, or 
any promise, or any security for the payment or delivery of any money, 
er any other thing, to obtain or procure a vote, to be governor, senator, 
delegate to [congress or] assembly, member of the council, or judge, or 
to be appointed to any one of the said offices, or to any office of profit 
or trust, now created, or hereafter to be created, in this state—the per- 
son giving, and the person receiving the same, (on conviction in a court 
ef law,) shall be for ever disqualified to hold any office of trust or profit 
in this state. 

65. That every person appointed to any office of profit or trust, shall, 
hefure he enters on the execution thereof, take the following oath, to 
wit: “I, A, B., do swear, that I do not hold myself bound mn allegiance 


MARYLAND. 173 


to the king of Great Britain, and that I will be faithful, and bear true 
allegiance, to the state of Maryland ;” and shall also subscribe a declara- 
tion of his belief in the Christian religion. 

56. That there be a court of appeals, composed of persons of inte- 
grity and sound judgment in the law, whose judgment shall be final and 
conclusive in all cases of appeal [from the general court of chancery, 
and court of admiralty :] that one person of integrity and sound judg- 
ment’ in the law be appointed chancellor: [that three persons of inte- 
grity and sound judgment in the law be appointed judges of the court 
now called the provincial court: and that the same court be hereafter 
called and known by the name of the general court: which court shall 
sit on the western and eastern shores, for transacting and determining 
the business of the respective shores, at such times and places as the 
future legislature of this state shall direct and appoint. ] 

57. That the style of all laws run thus: “ Be it enacted by the general 
assembly of Maryland ;” that all public commissions and grants: run 
thus : “The state of Maryland,” &c. and shall be signed by the go- 
vernor, and attested by the chancellor, with the seal of the state an- 
nexed—except military and militia commissions, which shall not be 
attested by the chancellor, or have the seal of the state annexed ; that 
all writs shall run in the same style, and be tested, sealed, and signed 
as usual ; that all indictments shall conclude, “ against the peace, govern- 
ment, and dignity of the state.” 

58. That all penalties and forfeitures, heretofore going to the king or 
proprietary, shall go to the state—save only such as the general assem- 
bly may abolish or otherwise provide for. 

59. That this form of government, and the declaration of rights, and 
no part thereof, shall be altered, changed, or abolished, unless a bill so 
to alter, change, or abolish the same, shall pass the general assembly, 
and be published at least three months before a new election, and shall 
be confirmed by the general assembly, after a new election of delegates, 
in the first session after such new election : Provided, that nothing in 
this form of government, which relates to the eastern shore particularly, 
shall at any time hereafter be altered, unless for the alteration and con- 
firmation thereof, at least two-thirds of all the members of each branch 
of the general assembly shall concur. 

60. That every bill passed by the general assembly, when engrossed, 
shall be presented by the speaker of the house of delegates, in the 
senate, to the governor for the time being, who shall sign the same, 
and thereto affix the great seal, in the presence of the members of both 
houses: every law shall be recorded [in the general court office of the 
western shore,] and in due time printed, published,-and certified under 
the great seal, to the several county courts, in the same manner as hath 
“Deen heretofore used in this state. 

This form of government was assented to, and passed in convention 

of the delegates of the freemen of Maryland, begun and held at the 
city of Annapolis, the 14th day of August, A. D. 1776. 
By order of the Convention : 


M. TILGHMAN, President. 
P2 


te 


174 _ CONSTITUTION OF 
AMENDMENTS, 
TO THE SonsTITUTION OF MARYLAND. 
Art. 1. Be it enacted by the general assembly of Maryland, (‘That all 


those parts of the constitution and form of government, that prevent a 
citizen conscientiously scrupulous of taking an oath in any case, and 


-who are permitted by the constitution to affirm in certain cases, from 


taking a seat in the legislature, or from being an elector of the senate 
without taking an oath of support to this government, shall be, and 
hereby are repealed, abrogated, and made null and void; and hereafter a 
solemn affirmation or declaration of support to this government, may 
be taken and shall be received instead of an oath, by any citizen chosen 
a delegate or elector of the senate, conscientiously scrupulous of taking 
an oath in any case, and who is permitted by the constitution to affirm 
in certain cases.|—Passed November, 1788, ch. 42—confirmed 1789, 
ch. 1. 

2, That no member of congress, or person holding any office of trust, 
or profit, under the United States, shall be capable of having a seat in 
the general assembly, or being an elector of the senate, or holding any 
office of trust, or profit ander this state; and if any member of the 
general assembly, elector of the senate, or person holding any office of 
trust or profit under this state, shall take his seat In congress, or ac- 
cept of any office of trust or profit under the United States, or being 
elected to congress, or appointed to any office of trust or profit under 
the United States, not make his resignation of his seat in congress, or 
of his office, as the case may be, within thirty days after notice of his 
election or appointment to office, as aforesaid, his seat in the legislature 
of this state, or as elector of the senate, or of his office held under this 
state as aforesaid, shall be void: Provided, that no person who is now or 
may be at any time when this act becomes part of the constitution, a 
member both of congress and of the legislature of the state, or who 
now holds, or may hold, at the time when this act becomes part of 
the constitution, an office as aforesaid, both under this state and the 
United States, shall be affected by this act, if, within fifteen days after 
the same shall become part of the constitution, he shall resign his seat 
jn congress, or his office held under the United States.—Passed 1791, 
ch. 80—confirmed 1792, ch. 22. 

3. That every person, being a member of either of the religious sects 
or societies called Quakers, Menonists, Tunkers, or Nicolites, or New 
Quakers, and who shall be conscientiously scrupulous of taking an oath 
on any occasion, being otherwise qualified and duly elected a senator, 
delegate, or elector of the senate, or being otherwise qualified and duly 
appointed or elected to any office of profit or trust, on making affirma 
tion instead of taking the several oaths appointed by the constitution 
and form of government, and the several acts of assembly of this state 
now in force, or that hereafter may be made, such person may hold and 
exercise any office of profit or trust to which he may be appointed on 
elected, and may, by such affirmation, qualify himself to take a seat in 


MARYLAND 175 


the legislature, and to act therein as a member of the same in all cases 
whatever, or to be an elector of the senate, *n as full and ample a man- 
ner, to all intents and purposes whatever, as persons are now competent 
and qualified to act, who are not conscientiously scrupulous of taking 
such oaths.—Passed, 1794, ch. 49—confirmed 1795, ch. 11. 

4. [That the mayor and second branch of the city council of the city 
of Baltimore, or any three or more of them, for the time being, shall 
be judges of the elections for delegates of the city of Baltimore, and for 
elector of the senate, and shall have and exercise all the rights and au- 
thorities respecting such elections, which were vested in the commis- 
sioners of Baltimore town, in virtue of the constitution and form of go- 
vernment.]—Passed 1797, ch. 57—confirmed 1798, ch. 2. 

5. That the people called Quakers, those called Nicolites, or New 
Quakers, those called Tunkers, and those called Menonists, holding it 
unlawful to take an oath on any occasion, shall be allowed to make their 
solemn affirmation as witnesses, in the manner that Quakers have been 
heretofore allowed to affirm, which affirmation shall be of the same avail 
as an oath, to all intents and purposes whatever. 

§ 2. Before any of the persons aforesaid shall be admitted as a wit- 
ness in any court of justice in this state, the court shall be satisfied, by 
such testimony as they may require, that such person is one of those 
who profess to be conscientiously scrupulous of taking an oath.—Passed 
1797, ch. 118—confirmed 1798, ch. 83. . 

Anv, 6. Phat the several counties of this state, for the purpose of 
holding all future elections for delegates, electors of the senate, and she- 
riffs of the several counties, shall be divided into separate districts, in the 
manner hereinafter directed, viz. St. Mary’s county shall be divided and 
laid off into [three] separate districts ; Kent county shall be divided and 
laid off into three separate districts ; Calvert county shall be divided and 
laid off into three separate districts; Charles county shall be divided 
and laid off into four separate districts; ‘Talbot county shall be divided 
and laid off into four separate districts ; Somerset county shall be divided 
and laid off into three separate districts ; Dorchester county shall be di- 
vided and laid off into three separate districts; Cecil county shall be di- 
vided and laid off into four separate districts ; Prince George’s county shal 
be divided and laid off into five separate districts ; Queen Anne’s county 
shall be divided and laid off into three separate districts ;- Worcester 
county shall be divided and laid off into five separate districts ; Frederick 
county shall be divided and laid off into [seven] separate districts; Har- 
ford county shall be divided and laid off into five separate districts 5 
Caroline county shall be divided and laid off into three separate districts ; 
Washington county shall be divided and laid off into five separate dis- 
tricts ; Montgomery county shall be divided and laid off into five separate 
districts ; Allezhany county shall be divided and laid off into six separate 
districts ; Anne-Arundel county, including the city of Annapolis, shall 
be divided and laid off into five separate districts ; Baltimore county, out of 
the limits of the city of Baltimore, shall be divided and laid off into seven 
districts ; and that the city of Baltimore shall be laid off into eight districts. 

§ 2, All and every part of the constitution and form of government, 
relating to the judges, time, place, and manner of holding elections in 
the city of Baltimore, and all and every part of the second, third, fifth, 
fourteenth, and forty-second sections of the constitution and form of go- 


176 CONSTITUTION OF 


vernment of this state, which relate to the judges, place, time, and man- 
ner of holding the several elections for delegates, electors of the senate, 
and the sheriffs of the several counties, be, and the same are hereby, 
abrogated, repealed, and annulled, and the same shall hereafter be regu 
lated by law.—Passed 1798, ch. 115—confirmed 1799, ch. 48. 

Art. 7. [That every free white male citizen of this state, and no 
other, above twenty years of age, having resided twelve months in the 
county next preceding the election at which he oflers to vote, and every 
free white male citizen of this state above twenty-one years of age, and 
having obtained a residence of twelve months next preceding the elec- 
tion, in the city of Baltimore, or the city of Annapolis, and at which he 
offers to vote, shall have a right of suffrage, and shall vote by ballot, in 
the election of such county or city, or either of them; for delegates to 
the general assembly, electors of the senate, and sheriffs.]—Passed 1801, 
ch. 90—confirmed 1802, ch. 20. 

8. That Frederick county shall be divided and laid off into nine se- 
parate districts —Passed 1862, ch. 82.—confirmed 1803, ch. 19. 

9. That this state shall be divided into six judicial districts, in manner 
and form following, to wit: St. Mary’s, Charles, and Prince George’s 
counties, shall be the first district ; Cecil, Kent, Queen Anne’s, and Tal- 
bot counties, shall be the second district; Calvert, Anne-Arundel, and 
Montgomery counties, shall be the third district ; Caroline, Dorchester, 
Somerset, and Worcester counties, shall be the fourth district; Fre- 
derick, Washington, and Alleghany counties, shall be the fifth district ; 
Baltimore and Hartford counties, shall be the sixth district; and there 
shall be appointed for each of the said judicial districts, three persons 
of integrity and sound legal knowledge, residents of the state of Mary- 
land, who shall, previous to, and during their acting as judges, reside in 
the district for which they shall respectively be appointed, one of whom 
shall be styled in thé commission chief-judge, and the other two, associate- 
judges of the district for which they shall be appointed; and the chief- 
judge together with the two associate-judges, shall compose the county 
courts in each respective district; and each judge shall hold his com- 
mission during good behaviour ; removal for misbehaviour, on convic- 
tion in a court of law, or shall be removed by the governor, upon the 
address of the general assembly, provided that two-thirds of the members 
of each house concur in such address ; and the county courts, so as afore- 
said established, shall have, hold, and exercise, in the several counties of 
this state, all and every the powers, authorities, and jurisdictions, which 
the county courts of this state now have, use, and exercise, and which 
shall be hereafter prescribed by law; and the said county courts estab- 
lished by this act shall respectively hold their sessions in the several 
counties at such times and places as the legislature shall direct and ap- 
point ; and the salaries of the said judges shall not be diminished during 
the period of their continuance in office. 

§ 2. In any suit or action at law hereafter to be commenced or instituted 
in any county court of this state, the judges thereof, upon suggestion in 
writing, by either of the parties thereto, supported by affidavit, or other 
proper evidence, that a fair and impartial trial cannot be had in the 
county court of the county where such suit or action is depending, shall 
and may order and direct the record of their proceedings in such suit or 
action, to be transmitted to the judges of any county court within the 


MARYLAND. 177 


district, for trial, and the judges of such county court, to whom the said 
record shall be transmitted, shall hear and determine the same in like 
manner as if such suit or action had been originally instituted therein ; 
provided, nevertheless, that such suggestion shall be made as aforesaid, 
before or during the term in which the issue or issues may be joined in 
said suit or action ; and provided also, that such further remedy may be 
provided by law in the premises, as the legislature shall from time to 
time, direct and enact. 

§ 3. If any party presented or indicted. in any of the county courts 
of this state, shall suggest, in writing, to the court in which such prose- 
cution is depending, that a fair and impartial trial cannot be had in sueh 
court, it shall and may be lawful for the said court to order and direct 
the record of their proceedings in the said prosecution, to be transmitted 
to the judges of any adjoining county court, for trial; and the judges of 
such adjoining county court shall hear and determine the same, in the 
same manner as if such prosecution had been originally instituted there- 
in: Provided, that such further and other remedy may be provided by 
law in the premises as the legislature may direct and enact. 

§ 4. If the attorney-general, or the prosecutor for the state, shall sug- 
gest, in writing, to any county court before whom an indictment is or 
may be depending, that the state cannot have a fair and impartial trial 
in such court, it shall and may be lawful for the said court, in their dis- 
cretion, to order and direct the record of their proceedings in the said 
prosecution to be transmitted to the judges of any adjoining county court 
for trial; and the judges of such county court shall hear and determine 
the same, as if such prosecution had been originally instituted therein. 

§ 5. There shall be a court of appeals, and the same shall be com- 
posed of the chief judges of the several judicial districts of the state ; 
which said court of appeal shall hold, use, and exercise, all and singular 
the powers, authorities, and jurisdictions, heretofore held, used, and exer- 
cised by the court of appeals of this state, and also the appellate juris- 
diction heretofore used and exercised by the general court ; and the said 
court of appeals hereby established, shall sit on the western and eastern 
shores, for transacting and determining the business of the respective 
shores, at such times and places as the future legislature of this state 
shall direct and appoint ; and any three of the said judges of the court 
of appeals, shall form a quorum to hear end decide in all cases pending 
in said court ; and the judge who has given a decision in any case in the 
county court, shall withdraw from the bench upon the deciding of the 
same case before the court of appeals; and the judges of the court of 
appeals may appoint the clerks of said court for the western and eastern 
shores respectively, who shall hold their appointments during good be- 
haviour, removable only for misbehaviour, on conviction in a court of 
law ; and, in case of death, resignation, disqualification, or removal out 
of the state, or from their respective shores, of either of the said clerks, 
in the vacation of the said court, the governor, with the advice of the 
council, may appoint and commission a fit and proper person to such 
vacant office, to hold the same until the next meeting of the said court ; 
and all laws passed after this act shall take effect, shall be recorded in 
the office of the court of appeals of the western shore,—Passed 1804, 
chap. 55—confirmed 1805, ch, 16, 


178 CONSTITUTION OF 


Ant. 10. That St. Mary’s county shall be divided into four separate 
districts, and that the additional district shall be laid off adjoining and 
between the first and third districts, as they are now numbered.—Passed 
1806, ch. 29—confirmed 1807, ch. 8. 

11. That, upon the death, resignation, or removal out of this state of 
the governor, it shall not be necessary to call a meeting of the legisla- 
ture to fill the vacancy occasioned thereby, but the first named of the 
council for the time being shall qualify and act as governor, until the 
next meeting of the general assembly, at which meeting a governor shall] 
be chosen in the manner heretofore appointed and directed. 

.§ 2. No governor shall be capable of holding any other office of profit 
during the time for which he shall be elected.—Passed June, 1809, ch 
16—confirmed November, 1809, ch. 11. 

Arr. 12. That all such parts of the constitution and form of govern- 
ment, as require a property qualification in persons to be appointed or 
holding offices of profit or trust in this state, and in persons elected mem- 
bers of the legislature or electors of the senate, shall be and the same are 
hereby repealed and abolished.—Passed November, 1809, ch. 198—con- 
firmed 1810, ch. 18. 

13. That it shall not be lawful for the general assembly of this state 
to lay an equal and general tax, or any other tax, on the people of this 
state, for the support of any religion.—Passed November, 1809, ch. 167 
—confirmed 1810, ch. 24. 

14, That every free white male citizen of this state, above twenty-one 
years of age, and no other, having resided twelve months within this 
state, and six months in the county, or in the city of Annapolis or Bal- 
timore, next preceding the election at which he offers to vote, shall have 
aright of suffrage, and shall vote, by ballot, in the election of such 
county or city, or either of them, for electors of the president and vice- 
president of the United States, for representatives of this state in the 
congress of the United States, for delegates to the general assembly of 
this state, electors of the senate, and sheriffs.—Passed November, 1809, 
ch. 83—confirmed 1810, ch. 33. 

15. That no person residing in the city of Annapolis shall have a vote 
in the county of Anne-Arundel, for delegates for the said county: and 
all and every part of the constitution which enables persons holding fifty 
acres of land to vote in said county, be and is hereby abolished.—Passed 
November, 1809, ch. 388—confirmed 1810, ch. 49. 

16, That the forty-fifth article of the constitution and form of govern- 
ment be and the same is hereby repealed and utterly abolished.—Passed 
~ November, 1809, ch. 65—confirmed 1810, ch. 78. 

17. That the time of the meeting of the general assembly shall be on 
the first Monday in December, in each year, instead of the first Monday 
in November, as [is now] prescribed by the constitution and form of 
government. 

§ 2. The governor of this state shall be chosen on the second Mon 
day of December, in each and every year, in the same manner as is now 
prescribed by the constitution and form of government; and the coun- 
cil to the governor shall be elected on the first Tuesday after the second 
Monday of December, in each and every year, in the same manner as is 
now prescribed by the constitution and form of government, 


—— — 


VIRGINIA. 179 


§ 3. All annual appointments of civil officers in this state shall be 
made in the third week of December, in every year, in the same man- 
ner as the constitution and form of government now directs.—Passed 
1811, ch. 211—confirmed November, 1812, 


[For further Amendments to the Constitution of Maryland, see page 413, é&e. 


CONSTITUTION OF VIRGINIA. 


BILL OF RIGHTS, 


A Declaration of Rights made by the. Representatives of the good 
People of Virernt1a, assembledin full and free Convention ; which 
rights do pertain to them, and their Posterity, as the basis and 
foundation of Government. Unanimously adopted, June 12th, 1776. 


1, Taar all men are by nature equally free and independent, and have 
certain inherent rights, of which, when they enter into a state of society, 
they cannot, by any compact, deprive or divest their posterity ; namely, 
the enjoyment of life and liberty, with the means of acquiring and pos- 
sessing property, and pursuing and obtaining happiness and safety. 

2. That all power is vested in, and consequently derived from, the 
people; that magistrates are their trustees and servants, and at all times 
amenable to them. 

3. That government is, or ought to be, instituted for the common be- 
nefit, protection, and security of the people, nation, or community: of 
all the various modes and forms of government, that is best, which is 
capable of producing the greatest degree of happiness and safety, and is 
most effectually secured against the danger of maladministration ; and 
that, when any government shall be found inadequate or contrary to 
these purposes, a majority of the community hath an indubitable, un- 
alienable, and indefeasible right to reform, alter, or abolish it, in such 
manner as shall be judged most conducive to the public weal. 

4, That no man, or set of men, are entitled to exclusive or separate 
emoluments or privileges from the community, but in consideration of 
public services ; which not being descendible, neither ought the offices 
of magistrate, legislator, or judge to be hereditary. 

5. That the legislative and executive powers of the state should be 
separate and distinct from the judiciary ; and that the members of the 
two first may be restrained from oppression, by feeling and participating 
the burthens of the people, they should, at fixed periods, be reduced to 
a private station, return into that body from which they were originally 
taken, and the vacancies be supplied by frequent, certain, and regular 
elections, in which all, or any part of the former members, to be again 
eligible, or ineligible as the laws shall direct. 

6. That elections of members to serve as representatives of the people, 
in assembly, ought to be free; and that all men having sufficient evi- 
dence of permanent common interest with, and attachment to, the com- 


180 CONSTIFUDION OF 


munity, have the right of suffrage, and cannot be taxed or deprived of — 
their property for public uses, without their own consent, or that of 
their representatives so elected, nor bound by any law to which they 
have not, in like manner, assented, for the public good. 

7. That all power of suspending laws, or the execution of laws, by 
any authority, without consent of the representatives of the people, is 
injurious to their rights, and ought not to be exercised. 

8. That, in all capital or criminal prosecutions, a man hath a right to 
demand the cause and nature of his accusation, to be confronted with 
the accusers and witnesses, to call for evidence in his favour, and to a 
speedy trial by an impartial jury of his vicinage, without whose unanl- 
mous consent he cannot be found guilty ; nor can he be compelled to give 
evidence against himself; that no man be deprived of his liberty except 
by the law of the land, or the judgment of his peers. 

9. That excessive bail ought not to be required, nor excessive fines 
imposed, nor cruel and ungStal punishments inflicted. 

10. That general warrant%-whereby an officer or messenger may be 
commanded to search suspected places without evidence of a fact com- 
mitted, or to seize any person or persons not named, or whose offence is 
not particularly described and supported by evidence, are grievous and 
oppressive, and ought not to be granted. 

11. That, in controversies respecting property, and in suits between 
man and man, the ancient trial by jury is preferable to any other, and 
ought to be held sacred. 

12. That the freedom of the press is one of the great bulwarks of 
liberty, and can never be restrained but by despotic governments. 

13. That a well regulated militia, composed of the body of the people, 
trained to arms, is the proper, natural, and safe defence of a free state ; 
that standing armies, in time of peace, should be avoided, as dangerous 
to liberty ; and that, in all cases, the military should be under strict sub- 
ordination to, and governed by, the civil power. 

14, That the people have a right to uniform government ; and, there- 
fore, that no government separate from, or independent of, the govern- 
ment of Virginia, vught to be erected or established within the limits 
thereof. 

15. That no free government, or the blessing of liberty, ean be pre- 
served to any people, but by a firm adherence to justice, moderation, tem- 
perance, frugality, and virtue, and by frequent recurrence to fundamen- 
tal principles. 

16. ‘That religion, or the duty which we owe to our Creator, and the 
manner of discharging it, can be directed only by reason and convic- 
tion, not by force or violence; and therefore all men are equally entitled 
to the free exercise of religion, according to the dictates of conscience 
and that it is the mutual duty of all to practise Christian forbearance 
love, and charity towards each other. 


VIRGINIA. i8l 


AN AMENDED CONSTITUTION 


QR FORM OF GOVERNMENT FOR VIRGINIA. ADOPTED JANUARY 
1l4ru, 1830. 


Wuereas the delegates and representatives of the good people of Vir 
ginia, in convention assembled, on the twenty-ninth day of June, in 
the year of our Lord one thousand seven hundred and seventy-six ; re- 
citing and declaring, that whereas, George the Third, king of Great 
Britain and Ireland, and elector of Hanover, before that time intrusted 
with the exercise of the kingly office in the government of Virginia, 
had endeavoured to pervert the same into a detestable and insupportable 
tyranny, by putting his negative on lawssthe most wholesome and neces- 
sary for the public good; by denyin vernors permission to pass 
laws of immediate and pressing importance, unless suspended in their 
operation for his assent, and when so suspended, neglecténg to attend to 
them for many years ; by refusing to pass certain other laws unless the 
persons to be benefited by them would relinquish the inestimable right 
of representation in the legislature , by dissolving legislative assemblies 
repeatedly and continually, for opposing with manly firmness his inva- 
sions of the rights of the people; when dissolved, by refusing to call 
others for a long space of time, thereby leaving the political system with- 
out any legislative head ; by endeavouring to prevent the population of 
cur country, and for that purpose obstructing the laws for the naturali- 
zation of foreigners ; by keeping among us, in time of peace, standing 
armies and ships of war; by affecting to render the military indepen- 
dent of and superior to the civil power, by combining with others te 
subject us to a foreign jurisdiction, giving his assent to their pretended 
acts of legislation, for quartering large bodies of armed troops among 
us, for cutting off our trade with all parts of the world, for imposing 
taxes on us without our consent, for depriving us of the benefits of the 
trial by jury, for transporting us beyond seas to be tried for pretended 
offences, for suspending our own legislatures, and declaring themselves 
invested with power to legislate for us in all cases whatsoever ; by plun- 
dering our seas, ravaging our coasts, burning our towns, and destroying 
the lives of our people ; by inciting insurrections of our fellow-subjects 
with the allurements of forfeiture and confiscation ; by prompting ou 
negroes to rise in arms among us, those very negroes whom, by an in- 
human use of his negative, he had refused us permission to exclude by 
law ; by endeavouring to bring on the inhabitants of our frontiers, the 
merciless Indian savages, whose known rule of warfare is an undistin- 
guished destruction of all ages, sexes, and conditions of existence ; by 
transporting hither a large army of foreign mercenaries, to complete the 
work of death, desolation, and tyranny, then already begun with circum- 
stances of cruelty and perfidy unworthy the head of a civilized nation ; 
by answering our repeated petitions for redress with a repetition of in- 
juries ; and finally, by abandoning the helm of government, and de- 
claring us out of his allegiance and protection: by which several acts 
of misrule, the government of this country, as before exercised under 


182 CONSTITUTION OF 


the crown of Great Britain, was totally dissolved : did, therefore, having 
maturely considered the premises, and viewing with great concern the 
deplorable condition to which this once happy country would be reduced, 
unless some regular adequate mode of civil polity should be speedily 
adopted, and in compliance with the recommendation of the general 
congress, ordain and declare a form of government of Virginia. 

And whereas the general assembly of Virginia, by an act passed on 
the tenth day of February, in the year of our Lord one thousand eight 
hundred and twenty-nine, entitled, an act to organize a convention, did 
authorize and provide for the election, by the people, of delegates and 
representatives, to meet and assemble, in general convention, at the capi- 
tal in the city of Richmond, on the first Monday of October, in the year 
last aforesaid, to consider, discuss, and propose a new constitution, or 
alterations and amendments to the existing constitution of this common- 
wealth, to be submitted to ople, and to be by them ratified or re- 
jected. 

We, therefore, the delegates and representatives of the good people 
of Virginia, elected and in convention assembled, in pursuance of the 
said act of assembly, do submit and propose to the people the following 
amended constitution and form of government for this commonwealth, 
that is to say: 


ARTICLE l. 


The Declaration of Rights made on the 12th June, 1776, by the re- 
presentatives of the good people of Virginia, assembled in full and free 
convention, which pertained to them and their posterity, as the basis 
and foundation of government; requiring in the opinion of this con- 
vention no amendment, shall be prefixed to this constitution, and have 
the same relation thereto as it had to the former constitution of this com- 
monwealth. 


ARTICLE 2. 


The legislative, executive, and judiciary departments shall be separate 
and distinct, so that neither exercise the powers properly belonging to 
either of the others; nor shall any person exercise the powers of more 
than one of them at the same time, except that the justices of the 
county courts shall be eligible to either house of assembly 


ARTICLE 3. 


1. The legislature shall be formed of two distinct branches, which to- 
gether shall be a complete legislature, and shall be called the general 
ussembly of Virginia. 

3. One of these shall be called the house of delegates, and shall con- 
sist of one hundred and thirty-four members, to be chosen, annually, for 
and by the several counties, cities, towns, and boroughs, of the common- 
wealth; whereof thirty-one delegates shall be chosen for and by the 
twenty-six counties lying west of the Alleghany mountains: twenty- 
five, for and by the fourteen counties lying between the Alleghany and 
Blue Ridge of mountains; forty-two for and by the twenty-nine coun- 
ties lying east of the Blue Ridge of mountains and above tide-water, 
and thirty-six, for and by the counties, cities, towns, and boroughs 


VIRGINIA. ' 183 


lying upon tide-water, that is to say: Of the twenty-six eounties lying 
west of the Alleghany, the counties of Harrison, Montgomery, Monon- 
galia, Ohio, and Washington, shall each elect two delegates ; and the 
counties of Brooke, Cabell, Grayson, Greenbrier, Giles, Kanawha, Lee, 
Lewis, Logan, Mason, Monroe, Nicholas, Pocahontas, Preston, Ran- 
dolph, Russell, Scott, Tazewell, Tyler, Wood, and Wy-the, shall each 
elect one delegate. Of the fourteen counties lying between the Alle- 
ghany and Blue Ridge, the counties of Frederick and Shenandoah, shall 
each elect three delegates; the counties of Augusta, Berkely, Botetourt, 
Hampshire, Jefferson, Rockingham, and Rockbridge, shall each elect two 
delegates; and the counties of Alleghany, Bath, Hardy, Morgan, and 
Pendleton, shall each elect one delegate. Of the twenty-nine counties 
lying east of the Blue Ridge and above tide-water, the county of Lou- 
doun shall elect three delegates; the counties of Albemarle, Bedford, 
Brunswick, Buckingham, Campbell, Culpeper, Fauquier, Franklin, 
Halifax, Mecklenburg, and Pittsylvania,*shall each elect two delegates ; 
and the counties of Amelia, Amherst, Charlotte, Cumberland, Dinwid- 
die, Fluvanna, Goochland, Henry, Louisa, Lunenburg, Madison, Nelson, 
Nottoway, Orange, Patrick, Powhatan, and Prince Edward, shall each 
elect one delegate. And of the counties, cities, towns, and boroughs 
lying on tide-water, the counties of Accomack and Norfolk shall each 
elect two delegates ; the counties of Caroline, Chesterfield, Essex, Fair- 
fax, Greenesville, Gloucester, Hanover, Henrico, Isle of Wight, King 
and Queen, King William, King George, Nansemond, Northumberland, 
Northampton, Princess Anne, Prince George, Prince William, South- 
ampton, Spottsylvania, Stafford, Sussex, Surry, and Westmoreland, and 
the city of Richmond, the borough of Norfolk, and the town of Peters- 
burg, shall each elect one delegate ; the counties of Lancaster and Rich- 
mond shall together elect one delegate ; the counties of Matthews and 
Middlesex shall together elect one delegate ; the counties of Elizabeth 
City and Warwick shall together elect one delegate; the counties of 
James City and York, and the city of Williamsburg, shall together elect 
one delegate ; and the counties of New Kent and Charles City shall 
together elect one delegate. 

3 The other house of the general assembly shall be called the senate, 
and shall consist of thirty-two members, of whom thirteen shall be cho- 
sen for and by the counties lying west of the Blue Ridge of mountains, 
and-nineteen for and by the counties, cities, towns, and boroughs lying 
east thereof; and for the election of whom, the counties, cities, towns, 
and boroughs shall be divided into thirty-two districts, as hereinafter pro- 
vided. Each county of the respective districts, at the time of the first 
election of its» delegate or delegates under this constitution, shall vote 
for one senator; and the sheriffs or other officers holding the election 
for each county, city, town, or borough within five days at farthest after 
the last county, city, town, or borough election in the district, shall meet 
at some convenient place, and from the polls so taken in their respective 
counties, cities, towns, or boroughs, return as a senator the person who 
shall have the greatest number of votes in the whole district. To keep 
up this assembly by rotation, the districts shall be equally divided into 
four classes, and numbered by lot. At the end of one year after the 
first general election, the eight members elected by the first division 
shall be displaced, and the vacancies thereby occasioned, supplied from 


i 


184 CONSTITUTION OF 


such class o* division by new élection in the manner aforesaid. This 
rotation shall be applied to each division according to its number, and 
continued in due order annually. And for the election of senators, the 
counties of Brooke, Ohio, and 'T'yler, shall form one district : the coun- 
ties of Monongalia, Preston, and Randolph, shall form another district : 
the counties of Harrison, Lewis, and Wood, shall form another district : 
the counties of Kanawha, Mason, Cabell, Lozan, and Nicholas, shall 
form another district: the counties of Greenbrier, Monroe, Giles, and 
Moutgomery, shall form another district: the counties of Tazewell, 
Wythe, and Grayson, shall form another district : the counties of Wash- 
ington, Russell, Scott, and Lee, shall form another district : the counties 
of Berkeley, Morgan, and Hampshire, shall form another district : the 
counties of Frederick and Jefferson shall form another district: the 
counties of Shenandoah and Hardy shall form another district : the coun- 
ties of Rockineham and Pendleton shall form another district : the coun- 
ties of Augusta and Rockbridge shall form another district: the counties 
of Alleghany, Bath, Pocahontas, and Botetourt, shall form another 
district: the counties of Loudoun and Fairfax shall form another dis- 
trict: the counties of Fauquier and Prince William shall form another 
district: the counties of Stafford, King George, Westmoreland, Rich- 
mond, Lancaster, and Northumberland, shall form another district : the 
counties of Culpeper, Madison, and Orange, shall form another district : 
the counties of Albemarle, Nelson, and Amherst, shall form another dis- 
trict: the counties of Fluvanna, Goochland, Louisa, and Hanover, shall 
form another district: the counties of Spottsylvania, Caroline, and Es- 
sex, shall form another district : the counties of King and Queen, King 
William, Gloucester, Matthews, and Middlesex, shall form another dis- 
trict: the counties of Accomack, Northampton, Elizabeth City, York, 
and Warwick, and the city of Williamsburg, shall form another district : 
the counties of Charles City, James City, New Kent, and Henrico, and 
the city of Richmond, shall form another district : the counties of Bed- 
ford and Franklin shall form another district: the counties of Bucking- 
ham, Campbell, and Cumberland, shall form another district : the coun- 
ties of Patrick, Henry, and Pittsylvania, shall form another district : the 
counties of Halifax and Mecklenburg shall form another district: the 
counties of Charlotte, Lunenburg, Nottoway, and Prince Edward, shall 
form another district : the counties of Amelia, Powhatan, and Chester- 
field, and the town of Petersburg, shall form another district : the coun- 
ties of Brunswick, Dinwiddie, and Greenesville, shall form another dis- 
trict: the counties of Isle-of Wight, Prince George, Southampton, 
Surry, and Sussex, shall form another district : and the counties of Nor- 
folk, Nansemond, and Princess Anne, and the borough of Norfolk, shall 
‘orm another district. 

4, It shall be the duty of the legislature, to re-apportion, once in ten 
years, to wit: in the year 1841, and every ten years thereafter, the re- 
presentation of the counties, cities, towns, and boroughs, of this com- 
monwealth, in both of the legislative bodies : Provided, however, that the 
number of delegates from the aforesaid great districts, and the number 
of senators from the aforesaid two great divisions, respectively, shall nei- 
ther be increased nor diminished by such re-apportionment. And when 
a new county shall hereafter be created, or any city, town, or borough, 
not now entitled to separate representation in the house of delegates, shal! 


a 


VIRGINIA. 185 


have so increased in population as to be entitled, in the opinion of the 
general assembly, to such representation, it shall be the duty of the gene- 
ral assembly to make provision by law for securing to the people of such 
new county, or such city, town, or borough, an adequate representation. 
And if the object cannot otherwise be effected, it shall be competent to 
the general assembly to re-apportion the whole representation of the 
great district containing such new county, or such city, town, or borough, 
within its limits; which re-apportionment shall continue in force till 
the next regular decennial re-apportionment. 

5. The general assembly, after the year 1841, and at intervals there- 
after of not less than ten years, shall have authority, two-thirds of each 
house concurring, to make re-apportionments of delegates and senators, 
throughout the commonwealth, so that the number of delegates shall not 
at any time exceed 150, nor of senators 36. 

6. ‘The whole number of members to which the state may at any time 
be entitled in the house of representatives of the United States, shall be 
apportioned as nearly as may be, amongst, the several counties, cities, 
boroughs, and towns of the state, according to their respective numbers, 
which shall be determined by adding to the whole number of persons, 
including those bound to service for a term of years, and excluding In- 
dians not taxed, three-fifths of all other persons. 

7. Any person may be elected a senator who shall have attained to 
the age of thirty years, and shall be actually a resident and freeholder 
within the district, qualified by virtue of his freehold to vote for mem- 
bers of the general assembly according to this constitution. And any 
person may be elected a member of the house of delegates, who shall 
have attained the age of twenty-five years, and shall be actually a resident 
and freeholder within the county, city, town, borough, or election dis- . 
trict, qualified by virtue of his freehold to vote for members of the gene- 
ral assembly according to this constitution: Provided, that all persons 
holding lucrative offices, and ministers of the gospel, and priests of every 
denomination, shall be incapable of being elected members of either 
house of assembly. 

8. The members of the assembly shall receive for their services a com- 
pensation to be ascertained by law, and paid out of the public treasury : 
but no law increasing the compensation of the members shall take effect 
until the end of the next annual session after such law shall have been 
enacted. And no senator or delegate shall, during the term for which 
he shall have been elected, be appointed to any civil office of profit un- 
der the commonwealth, which shall have been created, or the emolu- 
ments of which shall have been increased, during such term, except such 
offices as may be filled by elections by the people. 

9. The general assembly shall meet once or oftener every year. Nei- 
ther house, during the session of the legislature, shall, without the con- 
sent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. A majority 
of each house shall constitute a quorum to do business ; but a smaller 
number may adjourn from day to day, and shall be authorized to com- 
pel the attendance of absent members, in such manner and under 
such penalties as each house may provide. And each house shall 
choose its own speaker, appoint its own officers, settle its own rules of 
proceeding, and direct writs of election for supplying intermediate 

Q2 


> 


186 ' CONSTITUTION OF 


vacancies. But if vacancies shall occur by death or resignation, during 
the recess of the general assembly, such writs may be issued by the 
governor, under such regulations as may be prescribed by law. Each 
house shall judge of the election, qualification, and returns of its mem- 
bers; may punish its members for disorderly behaviour, and, with the 
concurrence of two-thirds, expel a member, but not a second time for 
the same offence. 

10. All laws shall originate in the house of delegates, to be approved 
or rejected by the senate, or tobe amended with the consent of the house 
of delegates. 

11. The privilege of the writ of habeas corpus shall not in any case 
be suspended. ‘The legislature shall not pass any bill of attainder ; or 
any ex post facto law ; or any law impairing the obligation of contracts; 
or any law, whereby private property shall be taken for public -uses, 
without just compensation ; or any law abridging the freédom of speech, 
or of the press. No man shall be compelled to frequent or support any 
religious worship, place, or ministry whatsoever; nor shall any man be 
enforced, restrained, molested, or burthened in his body or goods, or 
otherwise suffer, on account of his religious opinions or belief; but all 
men shall be free to profess, and by argument to maintain, their opinions 
in matters of religion, and the same shall in no wise affect, diminish, or 
enlarge their civil capacities. And the legislature shall not prescribe 
any religious test whatever ; nor confer any peculiar privileges or advan- 
tages on any one sect or denomination ; nor pass any law requiring or 
authorizing any religious society, or the people of any district within this 
commonwealth, to levy on themselves or others any tax for the erection 
or repair of any house for public worship, or for the support of any 

church or ministry ; but it shall be left free to every person to select his 
religious instructor, and make for his support such private contract as he 
shall please. 

12. The legislature may provide by law that no person shall be capa- 
ble of holding or being elected to any post of profit, trust, or emolument, 
civil or military, legislative, executive, or judicial, under the government 
of this commonwealth, who shall hereafter fight a duel, or send or accept 
a challenge to fight a duel, the probable issue of which may be the death 
of the challenger or challenged, or who shall be a second to either party, 
or shall in any manner aid or assist in such duel, or shall be knowingly 
the bearer of such challenge or acceptance; but no person shall be so dis- 
qualified by reason of his having heretofore fought such duel, or sent or ac- 
cepted such challenge, or been a second in such duel, or bearer of such 
challenge or acceptance. 

13. The governor, the judges of the court of appeals and superior 
courts, and all others offending against the state, either by maladminis- 
tration, corruption, neglect of duty, or any other high crime or misde- 
meanour, shall be impeachable by the house of delegates ; such impeach- 
ment to be prosecuted before the senate, which shall have the sole power 
to try all impeachments. When sitting for that purpose, the senate shall 
be on oath or affirmation : and no person shall be convicted without the 
concurrence of two-thirds of the members present. Judgment, in cases 
of impeachment, shall not extend further than to removal from office, and 
disqualification to hold and enjoy any office of honour, trust, or profit un 
der the commonwealth; but the party convicted shail nevertheless be 


VIRGINIA. 187 


liable and subject to indictment, trial, judgment, and punishment, ac- 
cording to law. : 

14, Every white male citizen of the commonwealth, resident therein, 
aged twenty-one years and upwards, being qualified to exercise the right 
of suffrage according to the former constitution and laws; and every such 
citizen, being possessed, or whose tenant for years, at will or at suffer- 
ance, is possessed, of an estate or freehold in land of the value of twenty- 
five dollars, and so assessed to be if any assessment thereof be required 

“by law; and every such citizen, being possessed as tenant in common, 
joint tenant or partner, of an interest in or share of land, and having an 
estate of freehold thercin, such interest or share being of the value of 
twenty-five dollars, and so assessed to be if any assessment thereof be 
required by law ; and every such citizen being entitled to a reversion or 
vested remainder in fee, expectant on an estate for life or lives, in land of 
the value of fifty dollars, and so assessed to be if any assessment there- 
of be required by law; (each and every such citizen, unless his title shall 
have come to him by descent, devise, marriage, or marriage settlement, 
having been so possessed or entitled for six months;) and every such 
citizen, who shall own and be himself in actual occupation of a lease- 
hold estate, with the evidence of title recorded two months before he shall 
offer to vote, of a term originally not less than five years, of the annual 
value or rent of twenty dollars; and every such citizen, who for twelve 
months next preceding has been a housekeeper and head of a family 
within the county, city, town, borough, or election district where he may 
offer to vote, and shall have been assessed with a part of the revenue of 
the commonwealth within the preceding year, and actually paid the same 
—and no other persons—shall be qualified to vote for members of the 
general assembly, in the county, city, town, or borough, respectively, 
wherein such land shall lie, or such housekeeper and head of a family 
shall live. And in case of two or more tenants in common, joint ten- 
ants, or parceners, in possession, reversion, or remainder, having interest 
in land, the value whereof shall be insufficient to entitle them all to vote, 
they shall together have as many votes as the value of the land shall en- 
title them to; and the legislature shall by law provide the mode in which 
their vote or votes shall in such case be given: Provided, nevertheless, 
that the right of suffrage shall not be exercised by any person of unsound 
mind, or who shall be a pauper, or a non-commissioned officer, soldier, 
seaman, or marine, in the service of the United States, or by any person 
convicted of any infamous offence. 2 

15. In all elections in this commonwealth to any office or place of 
trust, honour, or profit, the votes shall be given openly, or viva voce, 
and not by ballot. 


ARTICLE 4. 


1. The chief executive power of this commonwealth shall be vested 
in a governor, to be elected by the joint vote of the two houses of the 
general assembly. He shall hold his office during the term of three 
years, to commence on the first day of January next succeeding his elec- 
tion, or on such other day as may from time to time be prescribed by 
law ; and he shall be ineligible to that office for three years next after his 
term of service shall have expired. 


188 CONSTITUTION OF 


2. No person shall be eligible to the office of governor, unless he shall 
have attained the age of thirty years, shall be a native citizen of the Uni- 
ted States, or shall have been a citizen thereof at the adoption of the fede- 
ral constitution, and shall have been a citizen of this commonwealth for 
five years next preceding his election. 

3. The governor shall receive for his services a compensation to be 
fixed by law, which shall be neither increased nor diminished during his 
continuance in office. 

4, He shall take care that the laws be faithfully executed, shall com- 
municate to the legislature, at every session, the condition of the com- 
monwealth, and recommend to their consideration such measures as he 
may deem expedient. He shall be commander-in-chief of the land and 
naval forces of the state. He shall have power to embody the militia, 
when, in his opinion, the public safety shall require it ; to convene the 
legislature, on application of a majority of the members of the house of 
delegates, or when, in his opinion, the interest of the commonwealth 
may require it; to grant reprieves and pardons, except where the pro- 
secution shall have been carried on by the house of delegates, or the 
law shall otherwise particularly direct ; to conduct, either in person or in 
such manner as shall be prescribed by law, all intercourse with other and 
foreign states; and during the recess of the legislature, to fill, pro tem- 
pore, all vacancies in those offices, which it may be the duty of the le- 
gislature to fill permanently: Provided, that his appointments to such 
vacancies shall be by commissions to expire at the end of the next suc- 
ceeding session of the general assembly. 

5. There shall be a council of state, to consist of three members, any 
one or more of whom may act. They shall be elected by joint vote of 
both houses of the general assembly, and remain in office three years, 
But of those first elected, one, to be designated by lot, shall remain in 
office one year only, and one other, to be designated in like manner, 
shall remain in office for two years only. Vacancies occurring by ex- 
piration of the term of service, or otherwise, shall be supplied by elec- 
tions made in like manner. The governor shall, before he exercises any 
discretionary power conferred on him by the constitution and laws, re- 
quire the advice of the council of state, which advice shall be registered 
in books kept for that purpose, signed by the members present and con- 
senting thereto, and laid before the general assembly when called for by 
them. The council shali appoint their own clerk, who shall take an 
oath to keep secret such matters as he shall be ordered by the board to 
conceal. ‘The senior counsellor shall be lieutenant-governor, and in case 
of the death, resignation, inability, or absence of the governor from the 
geat of government, shall act as governor. 

6. The manner of appointing militia officers shall'be provided for by 
law; but no officer below the rank of a brigadier-general shall be ap- 
pointed by the general assembly. 

7. Commissions and grants shall run in the name of the common- 
wealth of Virginia, and bear teste by the governor, with the seal of the 
commonwealth annexed. 


ARTICLE 5, 


1, The judicial power shall be vested in a supreme court of appeals, 
in such superior courts as the legislature may from time to time ordain 


heh 


barn 


VIRGINIA. 189 


and establish, and the judges thereof, in the county courts, and in jus- 
tices of the peace. The legislature may also vest such jurisdiction as 
shall be deemed necessary in corporation courts ; and in the magistrates 
who may belong to the corporate body. The jurisdiction of these tri- 
bunals, and of the judges thereof, shall be regulated by law. The judges 
of the supreme court of appeals and of the superior courts, shall hold 
their offices during good behaviour, or until removed in the manner 
prescribed in this constitution ; and shall, at the same time, hold no 
other office, appointment, or public trust; and the acceptance thereof 
by either of them shall vacate his judicial office. 

2. No law abolishing any court shall be construed to deprive a judge 
thereof of his office, unless two-thirds of the members of each house 
present concur in the passing thereof; but the legislature may assign 
other judicial duties to the judges of courts abolished by any law enact- 
ed by less than two-thirds of the members of each house present. 

3. The present judges of the supreme court of appeals, of the general 
court, and of the supreme courts of chancery, shall remain in office 
until the termination of the session of the first legislature elected under 
this constitution, and no longer. 

4. The judges of the supreme court of appeals and of the superior 
courts shall be elected by the joint vote of both houses of the general 
assembly. 

5. The judges of the supreme court of appeals and of the superior 
courts shall receive fixed and adequate salaries, which shall not be di- 
minished during their continuance in office. 

6. Judges may be removed from office by a concurrent vote of both 
houses of the general assembly ; but two-thirds of the members present 
must concur in such vote, and the cause of removal shall be entered on 
the journals of each. The judge against whom the legislature may be 
about to proceed shall receive notice thereof, accompanied with a copy 
of the causes alleged for his removal, at least twenty days before the day 
on which either house of the general assembly shall act thereupon. 

7. On the’ creation of any new county, justices of the peace shall be 
appointed, in the first instance, in such manner as may be prescribed 
by law. When vacancies shall occur in any county, or it shall, for 
any cause, be deemed necessary to increase the number, appointments 
shall be made by the governor, on the recommendation of the respective 
county courts. 

8. The attorney-general shall be appointed by joint vote of the two 
_ houses of the general assembly, and commissioned by the governor, 
and shall hold his office during the pleasure of the general assembly. 
The clerks of the several courts, when vacancies shall occur, shall 
be appointed by their respective courts, and the tenure of office, as 
well of those now in office as of those who may be hereafter, appoint- 
ed, shall be prescribed by law. The sheriffs and coroners shall be no- 
minated by the respective county courts, and when approved by the 
governor, shall be commissioned by him. The judges shall appoint 
constables. And all fees of the aforesaid officers, shall be regulated by 
law. 

9, Writs shall run in the name of the commonwealth of Virginia, 
and bear teste by the clerks of the several courts. Indictments shal! 
conclude, agSinst the peace and dignity of the commonwealth. 


190 CONSTITUTION OF 
ARTICLE 6. 
A treasurer shall be appointed annually by joint vote of both houses, 
ARTICLE 7. 


The executive department of the government shall remain as at pre- 
sent organized, and the governor and privy counsellors shall continue in 
office, until a governor, elected under this constitution, shall come into 
office: and all other persons in office when this constitution shall be 
adopted, except as is herein otherwise expressly directed, shall continue 
in office, till successors shall be appointed, or the law shall otherwise 
provide ; and all the courts of justice now existing shall continue with 
their present jurisdiction, until and except so far as the judicial system 
may or shall be hereafter otherwise organized by the legislature. 


Done in convention, in the city of Richmond, on the fifteenth day of 
January, in the year of our Lord one thousand eight hundred and 
thirty, and in the fifty-fourth year of the independence of the 
United States of America. 

PHILIP P. BARBOUR, 
President of the Convention. 
D. Brices, Secretary of the Convention. 


CONSTITUTION OF NORTH CAROLINA 


The Constitution or form of Government, agreed to and resolved 
upon, by the Representatives of the freemen of the state of North 
Carolina, elected and chosen for that particular purpose, in Con- 
gress assembled, at Halifax, December 18, 1776. 


A DECLARATION OF RIGHTS, &c. 


1. That all political power is vested in, and derived from, the people 
only. 

2. That the people of this state ought to have the sole and exclusive 
right of regulating the internal government and police thereof. 

3. That no men, or set of men, are entitled to exclusive or separate 
emoluments or privileges from the community, but in consideration of 
public services. 

4, That the legislative, executive, and supreme judicial powers of 
government, ought to be for ever separate and distinct from each other. 

5. That all powers of suspending laws, or the execution of laws, by 
any authority, without consent of the representatives of the people, is 
injurious to their rights, and ought not to be exercised. 

6. That elections of members to serve as representatives in general 
assembly ought to be free. ° 


—<——<_ ee 


NORTH CAROLINA. 191 


7. That in all criminal prosecutions, every man has a right to be in- 
formed of the accusation against him, and to confront the accusers and 
witnesses with other testimony, and shall not be compelled to give evi- 
dence against himself. 

8. That no freeman shall be put to answer any criminal charge, but 
by indictment, presentment, or impeachment. 

9. Thatno freeman shall be convicted of any crime, but by the unani- 
mous verdict of a jury of good and lawful men, in open court, as hereto- 
fore used. : 

10. That excessive bail should not be required, nor excessive fines 
imposed, nor cruel nor unusual punishments inflicted. 

11. That general warrants, whereby any officer or messenger may be 
commanded to search suspected places, without evidence of the fact com- 
mitted, or to seize any person or persons, not named, whose offences are 
no. particularly described, and supported by evidence, are dangerous to 
liberty, and ought not to be granted. 

12. That no freeman ought to be taken, imprisoned, or disseized of 
his freehold, liberties, or privileges, or outlawed or exiled, or in any man- 
ner destroyed, or deprived of his life, liberty or property, but by the 
law of the land. 

13. That every freeman restrained of his liberty is entitled to a 
remedy, to inquire into the lawfulness thereof, and to remove the 
same, if unlawful; and that such remedy ought not to be denied or 
delayed. 

14, That in all controversies at law, respecting property, the ancient 
mode of trial by jury is one of the best securities of the rights of the 
people, and ought to remain sacred and inviolable. 

15. That the freedom of the press is one of the great bulwarks of 
liberty ; and therefore ought never to be restrained. 

16. That the people of this state ought not to be taxed, or made sub- 
ject to the payment of any impost, or duty, without the consent of them- 
selves, or their representatives in general assembly freely given. 

17. That the people have a right to bear arms, for the defence of the 
state ; and as standing armies, in time of peace, are dangerous to liberty, 
they ought not to be kept up; and that the military should be kept un 
der strict subordination to, and governed by, the civil power. 

18. That the people have a right to assemble together, to consult fo. 
the common good, to instruct their representatives, and to apply to the 
legislature for redress of grievances. 

19. That all men have a natural and unalienable right to worship 
Almighty God according to the dictates of their own conscience. 

- 20. That, for redress of grievances, and for amending and strengthen- 
ing the laws, elections ought to be often held. 

21. That a frequent recurrence to fundamental principles is absolutely 
necessary to preserve the blessings of liberty. 

22. That no hereditary emoluments, privileges, or honours ought to 
be granted or conferred in this state. 

23. That perpetuities and monopolies are contrary to the genius of a 
free state, and ought not to be allowed. 

24; That retrospective laws, punishing facts committed betore the 
existence of such laws, and by them only declared criminal, are oppres 


192 CONSTITUTION OF 


sive, unjust, and incompatible with liberty ; wherefore, no ex post facto 
law ought to be made. 

- 25, The property of the soil, in a free government, being one of the 
essential rights of the collective body of the people, it is necessary, in 
order ta avoid future disputes, that the limits of the state should be 
ascertained with precision: and as the former temporary line between 
North and South Carolina was confirmed, and extended by commission- 
ers, appointed by the legislatures of the two states, agreeable to the order 
of the late king George II. in council, that line, and that only, should 
be esteemed the southern boundary of this state; that is to say, be- 
ginning on the sea-side, at a cedar stake at or near the mouth of Little 
River, (being the southern extremity of Brunswick county,) and running 
from thence a north-west course, through the boundary-house, which 
stands in thirty-three degrees fifty-six minutes, to thirty-five degrees 
north latitude; and from thence a west course, so far as is mentioned 
in the charter of king Charles II. to the late proprietors of Carolina. 
Therefore, all the territory, seas, waters, and harbours, with their appur- 
tenances, lying between the line above described, and the southern line 
of the state of Virginia, which begins on the sea-shore, in thirty-six 
degrees thirty minutes north latitude, and from thence runs west, agree- 
able to the said charter of king Charles, are the right and property of 
the people of this state, to be held by them in sovereignty: any partial 
line, without the consent of the legislature of this state, at any time 
thereafter directed or laid out, in any wise notwithstanding: provided 
always, that this declaration of right shall not prejudice any nation or 
nations of Indians, from enjoying such hunting grounds as may have 
been, or hereafter shall be secured to them, by any former or future 
legislature of this state: And provided also, that it shall not be construed 
so as to prevent the establishment of one or more governments west- 
ward of this state, by consent of the legislature: And provided further, 
that nothing herein contained shall affect the titles or possessions of in- 
dividuals holding or claiming under the laws heretofore in force, or 
grants heretofore made by the late king George IL., or his predecessors, 
or the late lords, proprietors, or any of them. 


The Constitution, or Form of Government, &c. 


Whereas allegiance and protection are in their nature reciprocal, 
and the one should of right be refused when the other is withdrawn : 

And whereas George the Third, king of Great Britain, and late sove 
reign of the British American colonies, hath not only withdrawn front 
them his protection, but, by an act of the British legislature, declared 
the inhabitants of these states out of the protection of the British 
crown, and all their property found upon the high-seas liable to be 
seized and confiscated to the uses, mentioned in the said act; and the 
said George the Third has also sent fleets and armies to prosecute a cruel 
war against them, for the purpose of reducing the inhabitants of the 
said colonies to a state of abject slavery ; in consequence whereof, all 
government, under the said king, within the said colonies, hath ceased, 
and a total dissolution of government, in many of them, hath taken 
place : 

And whereas the continental congress, having considered the pre- 


NORTH CAROLINA. 192 


mises, and other previous violations of the rights of the good people of 
America, have therefore declared that the thirteen united colonies are, 
of right, wholly absolved from all allegiance to the British crown, or any 
other foreign jurisdiction whatsoever; and that the said colonies now 
are, and for ever shall be, free and independent states : 

Wherefore, in our present state, in order to prevent anarchy and con- 
fusion, it becomes necessary that government should be established in 
this state; therefore, we, the representatives of the freemen of North 
Carolina, chosen and assembled in congress for the express purpose of 
framing a constitution, under the authority of the people, most condu- 
cive to their happiness and_ prosperity, do declare, that a government for 
this state shall be established, in manner and form following, to wit: 

1, That the legislative authority shall be vested in two distinct 
branches, both dependent on the people, to wit, a senate and house of 
commoi2s. 

2. That the senate shall be composed of representatives, annually 
chosen by ballot, one for each county in the state. 

3. That the house of commons shall be composed of representatives, 
annually chosen by ballot, two for each county, and one for each of the 
towns of Edenton, Newbern, Wilmington, Salisbury, Hillsborough, and 
Halifax. 

4. That the senate and house of commons, assembled for the purpose 
of legislation, shall be denominated the general assembly. 

5, That each member of the senate shall have usually resided in the 
county in which he is chosen for one year immediately preceding his 
election, and for the same time shall have possessed, and continue 
to possess, in the county which he represents, not less than three 
hundred acres of land in fee. 

6. That each member. of the house of commons shall have usually re- 
sided in the county in which he is chosen for one year immediately pre- 
ceding his election, and for six months shall have possessed, and con- 
tinue to possess, in the county which he represents, not less than one 
hundred acres of land in fee, or for the term of his own life. 

7. That all freemen of the age of twenty-one years, who. have 
been inhabitants of any one county within the state twelve months im- 
mediately preceding the day of any election, and possessed of a freehold, 
within the same county, of fifty acres of land, for six months next 
before, and at the day of election, shall be entitled to vote for a member 
of the senate. 

8. That all freemen of the age of twenty-one years, who have been 
inhabitants of any one county within the state twelve months imme- 
diately preceding the day of any election, and shall have paid public 
taxes, shall be entitled to vote for members of the house of commons, for 
the county in which he resides. 

9. That all persons possessed of a freehold, in any town in this state, 
having a right of representation, and also all freemen, who have been 
inhabitants of any such town twelve months next before, and at the day 
of election, and shall have paid public taxes, shall be entitled to vote for 
a member to represent such town in the house of commons: provided, 
always, that this section shall not entitle any inhabitant of such town 
to vote for members of the” house of commons for the county in which 


194 CONSTITUTION OF 


she may reside; nor any frecholder in such county, who resides without 
or beyond the limits of such town, to vote for a member of the said town. 

10. That the senate and house of commons, when met, shall each 
have power to choose a speaker, and other their officers ; be judges of the 
qualifications and elections of their members; sit upon their own ad- 
journments from day to day ; and prepare bills to be passed into laws. 
The two houses shall direct writs of‘election, for supplying intermediate 
vacancies: and shall also jointly, by ballot, adjourn themselves to any 
future day and place. ; 

11. That all bills shall be read three times in each house, before they 
pass into laws, and be signed by the speakers of both houses. 

12. That every person, who shall be chosen a member of the senate or 
house of commons, or appointed to any office or place of trust, before 
taking his seat, or entering upon the execution of his office. shall taxe 
an oath to the state: and all officers shall take an oath of office. 

13. That the general assembly shall, by joint ballot of both houses, 
appoint judges of the supreme courts of law and equity, judges of ad 
miralty, and attorney-general, who shall be commissioned by the gover 
nor, and hold their offices during good behaviour. 

14, That the senate and house of commons shall have power to ap- 
point the generals and field officers of the militia, and all officers of the 
regular army of this state. 

15. That the senate and house of commons, jointly, at their first 
meeting after each annual election, shall, by ballot, elect a governor for 
one year, who shall not be eligible to that office longer than three years, 
in six successive years; that no person under thirty years of age, and 
who has not been a resident in this state above five years, and having, 
in the state, a freehold in lands and tenements, above the value of one 
thousand pounds, shall be eligible as a governor. 

16. That the senate and house of commons, jointly, at their first 
meeting, after each annual election, shall, by ballot, elect seven persons 
to be a council of state for one year; who shall advise the governor in 
the execution of his office: and that four members shall be a quorum ; 
their advice and proceedings shall be entered in a journal, to be kept for 
that purpose only, and signed by the members present; to any part of 
which any member present may enter his dissent. And such journal 
ghall be laid before the general assembly when called for by them. 

17. That there shall be a seal of this state, which shall be kept by the 
governor, and used by him as occasion may require ; and shall be called, 
the great seal of the State of North Carolina, and shall be affixed to 
all grants and commissions. 

18. The governor, for the time being, shall be captain-general and 
commander-in-chief of the militia; and in the recess of the general as- 
sembly, shall have power, by and with the advice of the council of state, 
to embody the militia for the public safety. 

19. The governor, for the time being, shall have power to draw for 
and apply such sums of money as shall be voted by the general assem- 
bly, for the contingencies of government, and be accountable to them 
for the same. He also may, by and with the advice of the council of 
state, lay embargoes, or prohibit the exportation of any commodity, for 
any term not exceeding thirty days, at any one time in the recess of 


NORTH CAROLINA. 195 


the general assembly ; and shall have the power of granting pardons 
and reprieves, except where the prosecution shall be carried on by the 
general assembly, or the law shall otherwise direct; in which case, he 
may, in the recess, grant a reprieve until the next sitting of the general 
assembly ; and he may exercise all the other executive powers of go- 
vernment, limited and restrained, as by this constitution is mentioned, 
and according to the laws of the state. And, on his death, inability, or 
absence from the state, the speaker of the senate, for the time being, and 
in case of his death, inability, or absence from the state, the speaker 
of the house of commons, shall exercise the powers of government, 
after such death, or during such absence or inability of the governor, or 
speaker of the senate, or until a new nomination is made by the general 
assembly. 

20. That, in every case, where any officer, the right of whose ap- 
pointment is, by this constitution, vested in the general assembly, shall, 
during their recess, die, or his office by other means become vacant, the 
governor shall have power, with the advice of the council of state, to fill 
up such vacancy, by granting a temporary commission, which shall ex- 
pire at the end of the next session of the general assembly. 

21, That the governor, judges of the supreme court of law and equity, 
judges of admiralty, and attorney-general, shall have adequate salaries, 
during their continuance in office. 

22. That the general assembly shall, by joint ballot of both houses, 
annually appoint a treasurer or treasurers for this state. 

23. That the governor, and other officers, offending against the state, 
by violating any- part of this constitution, maladministration, or corrup- 
tion, may be prosecuted, on the impeachment of the general assembly, 
. or presentment of the grand jury of any court of supreme jurisdiction 
in this state. 

24, That the general assembly shall, by joint ballot of both houses, 
triennially appoint a secretary for this state. 

25. That no persons who heretofore have been, or hereafter may be. 
receivers of public moneys, shall have a seat im either house of general 
assembly, or be eligible to any office in this state, until such person shall 
have fully accounted for, and paid into the treasury, all sums for which 
they may be accountable and liable. 

26. That no treasurer shall have a seat, either in the senate, house of 
commons, or council of state, during his continuance in that office, or 
before he shall have finally settled his accounts with the public, for all 
the moneys which may be in his hands, at the expiration of his office, 
belonging to the state, and hath paid the same into the hands of the suc- 
ceeding treasurer. 

27. That no officer in the regular army or navy, in the service and 
pay of the United States, of this state or any other state, nor any con- 
tractor or agent for supplying such army or navy with clothing or pro- 
visions, shall have a seat either in the senate, house of commons, or 
council of state, or be eligible thereto; and any member of the senate, 
house of commons, or council of state, being appointed to, and accepting 
of such office, shall thereby vacate his seat. 

28. That no member of the council of state shall have a seat, either 
in the senate or house of commons. 

29. That no judge of the supreme court of law or equity, or judge o 


196 CONSTITUTION OF 


admiralty, shall have a seat in the senate, house of commons, or council 
of state. 

30. That no secretary of this state, attorney-general, or clerk of any 
court of record, shall have a seat in the senate, house of commons, or 
council of state. 

31. That no clergyman, or preacher of the gospel, of any denomina- 
tion, shall be capable of being a member of either the senate, house of 
commons, or council of state, while he continues in the exercise of his 
pastoral function. 

32. That no person who shall deny the being of God, or the truth of 
the Protestant religion, or the divine authority of either the Old or New 
‘Testaments, or who shall hold religious principles incompatible with the 
freedom and safety of the state, shall be capable of holding any office, or 
place of trust or profit, in the civil department, within this state. 

33. That the justices of the peace, within their respective counties in 
this state, shall in future be recommended to the governor for the time 
being, by the representatives in general assembly ; and the governor 
shall commission them accordingly : and the justices, when so commis- 
sioned, shall hold their offices during good behaviour, and shall not be 
removed from office by the general assembly, unless for misbehaviour, 
absence, or inability. 

34. That there shall be no establishment of any one religious church 
or denomination in this state, in preference to any other ; neither shall 
any person, on any pretence whatsoever, be compelled to attend any place 
of worship contrary to his own faith or judgment, nor be obliged to pay 
for the purchase of any glebe, or the building of any house of worship, 
or for the maintenance of any minister or ministry, contrary to what he 
believes right, or has voluntarily and personally engaged to perform ; but 
all persons shall be at liberty to exercise their own mode of worship: 
Provided, that nothing herein contained shall be construed to exempt 
preachers of treasonable or seditious discourses, from legal trial and 
punishment. 

35. That no person in the state shall hold more than one lucrative 
office at any one time: Provided that no appointment in the militia, or 
the office of a justice of the peace, shall be considered as a lucrative 
office. 

36. That all commissions and grants shall run in the name of the state 
of North Carolina, and bear test, and be signed by the governor. All 
writs shall run in the same manner, and bear test, and be signed by the 
clerks of the respective courts. Indictments shall conclude, against the 
peace and dignity of the state. 

37. That the delegates for this state to the continental congress, 
while necessary, shall be chosen annually by the general assembly, by 
ballot; but may be superseded, in the mean time, in the same manner ; 
and no person shall be elected to serve in that capacity for more than 
three years successively. 

38. That there shall be a sheriff, coroner, or coroners, and constables, 
in each county within this state. 

39. That the person of a debtor, where there is not a strong presump- 
tion of fraud, shall not be continued in prison after delivering up, dona 
Jide, all his estate, real and personal, for the use of his creditors, in such 
manner as shall hereafter be regulated by law. All prisoners shall be 


NORTH CAROLINA. 197 


bailable by sufficient sureties, unless for capital offences, when the proof 
is evident, or the presumption great. ~ 

40. That every foreigner who comes to settle in this state, having first 
taken an oath of allegiance to the same, may purchase, or, by other just 
means, acquire, hold, and transfer land, or other real estate, and after 
one year’s residence be deemed a free citizen. 

Al. That a school or schools shall be established by the legislature, for 
the convenient instruction of youth, with such salaries to the masters, 
paid by the public, as may enable them to instruct at low prices ; and, 
all useful learning shall be duly encouraged and promoted in one or 
more universities. 

42. That no purchase of lands shall be made of the Indian natives, 
but on behalf of the public, by authority of the general assembly. 

43. That the future legislature of this state shall regulate entails, in 
such a manner as to prevent perpetuities. 

A4, That the declaration of rights is hereby declared to be part of the 
constitution of this state, and ought never to be violated on any pre- 
tence whatsoever. 

45, That any member of either house of general assembly shall have 
liberty to dissent from and protest against any act or resolve which he 
may think injurious to the public, or any individual, and have the rea- 
sons of his dissent entered on the journals. 

46, That neither house of the general assembly shall proceed upon 
public business, unless a majority of all the members of such house are 
actually present ; and that upon a motion made and seconded, the yeas 
and nays, upon any question, shall be taken and entered on the journals : 
and that the journals of the proceedings of both houses of the general 
assembly shall be printed, and made public, immediately after their ad- 
» journment. 

This constitution is not intended to preclude the present congress from 
making a temporary provision, for the well ordering of this state, until 
the general assembly shall establish government agreeable to the mode 


herein before described. 
RICHARD CASWELL, President. 


December the eighteenth, one thousand seven hundred and seventy 
six, read the third time, and ratified in open congress. 


By order: 
JAMES GREEN, Jun. Secretary. 


n 2 


198 CONSTITUTION OF 


AMENDMENTS 


‘Made in Convention, June 4, 1835, and ratified by the people, 
November 9, to take effect January 1, 1836. 


ARTICLE I. 


Section 1. 


§ 1. The senate of this state shall consist of fifty representatives, bien- 
nially chosen by ballot, and to be elected by districts ; which districts shalt 
be laid off by the general assembly, at its first session after the year one 
thousand eight hundred and forty-one; and afterwards, at its first ses- 
sion after the year one thousand eight hundred and fifty-one ; and then 
every twenty years thereafter, in proportion to the public taxes paid into the 
treasury of the state, by the citizens thereof ; and the average of the public 
taxes paid by each county into the treasury of the state, for the five years 
preceding the laying off of the districts, shall be considered as its 
proportion of the public taxes, and constitute the basis of apportionment : 
Provided that no county shall be divided in the formation of a 


senatorial district. And when there are one or more counties having an_ 


excess of taxation above the ratio to form a senatorial district, adjoining 
a county or counties deficient in such, ratio, the excess or excesses 
aforesaid shall be added to the taxation of the county or counties 
deficient; and if, with such addition, the county or counties receiving it 
shall have the requisite ratio, such county and counties each shall 
constitute a senatorial district. 

2. The house of commons shall be composed of one hundred and 
twenty representatives, biennially chosen by ballot, to be elected by 
counties according to their federal population, that is, according to their 
respective numbers, which shall be determined by adding to the whole 
number of free persons, including those bound to service for a term 
of years, and excluding Indians not taxed, three-fifths of all other 
persons; and each county shall have at least one member in the house 
of commons, although it may not contain the requisite ratio of popula- 
tion. 

3. This apportionment shall be made by the general assembly, at the 
respective times and periods when the districts for the senate are herein- 
before directed to be laid off; and the said apportionment shall be made 
according to an enumeration to be ordered by the general assembly, or 
according to the census which may be taken by order of congress, next 
preceding the making such apportionment. 

4. In making the apportionment in the house of commons, the ratio 
of representation shall be ascertained by dividing the amount of federal 
population in the state, after deducting that comprehended within those 
counties which do not severally contain the one hundred and twentieth 
part of the entire federal population aforesaid, by the number of represen- 
tatives less than the number assigned to the said counties. ‘To each 
county containing the said ratio, and not twice the said ratio, there shall 
be assigned one representative; to each county containing twice, but not 
three times the said ratio, there shall be assigned two representatives, and 
sO on progressively; and then the remaining representatives shall be 
assigned severally to the counties having the largest fractions. 


NORTH CAROLINA. 199 


Section 2. 


§ 1. ‘Until the first session of the general assembly, which shall be 
had after the year eighteen hundred and forty-one, the senate shall be 
composed of members to be elected from the several districts hereinafter 
named, that is to say, the first district shall consist of the counties of 
Perquimons and Pasquotank ; the 2d district, of Camden and Currituck 5 
the 3d district, Gates and Chowan; the 4th district, Washington and 
Tyrrell; the 5th district, Northampton; the 6th district, Hertford; the 
7th district, Bertie; the 8th district, Martin; the 9th district, Halifax; 
the 10th district, Nash; the 11th district, Wake; the 12th district, 
Franklin ; the 13th district, Johnston ; the 14th district, Warren; the 
15th district, Edgecomb; the 16th district, Wayne; the 17th district, 
Green and Lenoir; the 18th district, Pitt; the 19th district, Beaufort 
and Hyde; the 20th district, Carteret and Jones; the 21st district, 
Craven; the 22d district, Chatham; the 23d district, Granville; the 
24th district, Person; the 25th district, Cumberland; the 26th district, 
Sampson ; the 27th district, New-Hanover ; the 28th district, Duplin ; the 
29th district, Onslow; the 30th district, Brunswick, Bladen, and Colum- 
bus ; the 31st district, "Révendti and Richihond 5 the 32d district, Anson 5 
the 33d district, Cabarras: the 34th district, Moore and Montgomery ; 
the S5th district, Caswell; the 36th district, Rockingham; the 37th 
district, Orange; the 38th disteidt, Randolph ; the 39th district, Guilford ; 
the 40th district, Stokes; the 41st district, Rowan; the 42nd district, 
Davidson ; the 43d district, Surry ; the 44th district, Wilkes and Ashe; 
the 45th district, Burke and Yancy ; the 46th district, Lincoln ; the 47th 
district, Iredell; the 48th district, Rutherford; the 49th district, Bun- 
combe, Haywood and Macon; the 50th district, Mecklenburg :—each 
district to be entitled to one senator. 

2. Until the first session of the general assembly after the year 
eighteen hundred and forty-one, the house of commons shall’ be 
composed of members elected from the counties in the following 
manner, viz.: The counties of Lincoln and Orange shall elect four 
members each. The counties of Burke, Chatham, Granville, Guilford, 
Halifax, Iredell, Mecklenburg, Rowan, Rutherford, Surry, Stokes, and 
Wake shall elect three members each. The counties of Anson, Beaufort, 
Bertie, Buncombe, Cumberland, Craven, Caswell, Davidson, Duplin, 
Edgecomb, Franklin, Johnston, Montgomery, New-Hanover, North- 
ampton, Person, Pitt, Randolph, Robeson, Richmond, Rockingham, 
Sampson, Warren, Wayne, and Wilkes shall elect two members each. 
The counties of Ashe, Bladen, Brunswick, Camden, Columbus, 
Chowan, Currituck, Carteret, Cabarrus, Gates, Greene, Haywood, 
Hertford, Hyde, Jones, Lenoir, Macon, Moore, Martin, Nash, Onslow, 
Pasquotank, Perquimons, Tyrrell, Washington, and Yancy shall elect 
one member each. 


Section 3. 


§ 1. Each member of the senate shall have usually resided in the 
district for which he is chosen for one year immediately preceding his 
election, and for the same time shall have possessed and continue to 
possess in the district which he represents, not less than three hundred 

cres of land in fee. 


200 CONSTITUTION OF 


2. All free men of the age of twenty-one years, (except as is herein- 
after declared,) who have been inhabitants of any one district within the 
state twelve months immediately preceding the day of any election, 
and possessed of a freehold within the same district of fifty acres of land, 
for six months next before and at the day of election, shall be entitled to 
vote for a member of the senate. 

3. No free negro, free mulatto, or free person of mixed blood, de- 
scended from negro ancestors to the fourth generation inclusive, (though 
one ancestor of each generation may have been a white person,) shall 
vote for members of the senate or house of commons. 


Section 4. 


§ 1. In the election of all officers, whose appointment is conferred 
on the general assembly by the constitution, the vote shall be viva voce. 

2. The general assembly shall have power to pass laws regulating 
the mode of appointing and removing militia officers. 

3. The general assembly shall have power to pass general laws 
regulating divorce and alimony, but shall not have power to grant a 
divorce or secure alimony in any individual case. 

4, The general assembly shall not have power to pass any private 
law to alter the name of any person, or to legitimate any persons not 
porn in lawful wedlock, or to restore to the rights of citizenship any 
person convicted of an infamous crime; but shall have power to pass 
general laws regulating the same. 

5. The general assembly shall not pass any private law, unless it 
_ ghall be made to appear that thirty days notice of application to pass 

such law shall have been given, under such directions and in such 
manner as shall be provided by law. 

6. If vacancies shall occur by death, resignation or otherwise, before 
the meeting of the general assembly, writs may be issued by the 
governor, under such regulations as may be prescribed by law. 

7. The general assembly shall meet biennially, and at each biennial 
session shall elect, by joint vote of the two houses, a secretary of state, 
treasurer and council of state, who shall continue in office for the term 
of two years. 


ARTICLE 2. 


§ 1. The governor shall be chosen by the qualified voters for the 
members of the house of commons, at such time and places as members 
of the general assembly are elected. 

9. He shall hold his office for the term of two years from the time of 
his installation, and until another shall be elected and qualified; but he 
shall not be eligible more than four years in any term of six years. 

3. The returns of every election for governor shall be sealed up and 
transmitted to the seat of government, by the returning officers, directed 
to the speaker of the senate, who shall open and publish them in. the 
presence of a majority of the members of both houses of the general 
assembly. The person having the highest number of votes shall be 
governor; but if two or more shall be equal and highest in votes, one of 
them shall be chosen governor by joint vote of both houses of she 
general assembly. 


NORTH CAROLINA. 201 


4, Contested elections for governor shall be determined by both houses 
of the general assembly, in such manner as shall be prescribed by 
law. é 

5. The governor elect shall enter on the duties of the office on the 
first day of January next after his election, having previously taken the 
oaths of office in the presence of the members of both branches of the 
general assembly, or before the chief-justice of the supreme court, who; 
in case the governor elect should be prevented from attendance before 
the general assembly, by sickness or other unavoidable cause, is autho- 
rized to administer the same. 


ARTICLE 3. 


Section 1. 


§ 1. The governor, judges of the supreme court, and judges of the 
superior courts, and all other’ officers of this state, (except justices of the 
peace and militia officers,)) may be impeached for wilfully violating any 
article of the constitution, mal-administration, or corruption. 

2. Judgment, in cases of impeachment, shall not extend further 
than to remove from ‘office and disqualification to hold and enjoy any 
office of honour, trust, or profit under this state; but the party convicted 
may nevertheless be liable to indictment, trial, judgment, and punish- 
ment, according to law. 

3. The house of commons shall have the sole power of impeachment. 
The senate shall have the sole power to try all impeachments. No 
person shall be convicted upon any impeachment, unless two-thirds 
of the senators present shall concur in such conviction ; and before the 
trial of any impeachment, the members of the senate shall take an oath 
or affirmation truly and impartially to try and determine the charge 
in question, according to evidence. 


Section 2. 


§ 1. Any judge of the supreme court, or of the superior courts, may 
be removed from office for mental or physical inability, upon a concurrent 
resolution of two-thirds of both branches of the general assembly. 
The judge, against whom the legislature may be about to proceed, shall 
receive notice thereof, accompanied by a copy of the causes alleged for 
his removal, at least twenty days before the day on which either branch 
of the general assembly shall act thereon. 

The salaries of the judges of the supreme court, or of the superior 
courts, shall not be diminished during their continuance in office.. 


Section 3. 


Upon. the conviction of any justice of the peace of any infamous 
crime, or of corruption or mal-practice in office, the commission of such 
justice shall be thereby vacated, and he shall be for ever disqualified from 
holding such appointment. 


202 CONSTITUTION OF 


Section 4. 


The general assembly, at its first session after the year one thousand 
eight hundred and thirty-nine, and from time to time thereafter, shall 
appoint an attorney-general, who shall be commissioned by the go- 
vernor, and shall hold his office for the term of four years; but if the 
general assembly should hereafter extend the term during which solici- 
tors of the state shall hold their offices, then they shall have power to 
extend the term of office of the attorney-general to the same period. 


ARTICLE 4. 


Section 1. 


§ 1. No convention of the people shall be called by the general 
assembly, unless by the concurrence of two-thirds of all the members 
of each house of the general assembly. 

2. No part of the constitution of this state shall be altered, unless a 
bill to alter the same shall have been read three times in each house 
of the general assembly, and agreed to by three-fifths of the whole 
number of members of each house respectively ; nor shall any alteration 
take place until the bill so agreed to shall have been published six 
months previous to a new election of members to the general assembly. 
If, after such publication, the alteration proposed by the preceding general 
assembly shall be agreed to in the first session thereafter, by two-thirds of 
the whole representation in each house of the general assembly, after the 
same shall have been. read three times on three several days, in each 
house, then the said general assembly shall prescribe a mode by which 
the amendment or amendments may be submitted to the qualified voters 
of the house of commons throughout the state; and if, upon comparing 
the votes given in the whole state, it shall appear that a majority of the 
voters have approved thereof, then, and not otherwise, the same shall 
become a part of the constitution. 


Section 2. 


The thirty-second section of the constitution shall be amended to read 
as follows: No person who shall deny the being of God, or the truth 
of the Christian religion, or the divine authority of the Old or New 
Testament, or who shall hold religious principles incompatible with the 
freedom or safety of the state, shall be capable of holding any office or 
place of trust or profit in the civil department within this state. 


Section 3. 


§ 1. Capitation tax shall be equal throughout the state, upon all 
individuals subject to the same. 

2. All free males over the age of twenty-one years, and under the age 
of forty-five years, and all slaves over the age of twelve years, and under 
the age of fifty years, shall be subject to capitation tax, and no other 
person shall be subject to such tax: Provided, that nothing herein con- 
tained shall prevent exemptions of taxable polls, as heretofore prescribed 
by law, in cases of bodily infirmity. 


ti a 


———————— 


NORTH CAROLINA, 203 


Section 4. 


No person who shall hold any office or place of trust or profit unde 
the United States, or any department thereof, or under this state, or any 
other state or government, shall hold or exercise any other office or place 
of trust or profit under the authority of this state, or be eligible to a seat 
in either house of the general assembly: Provided, that nothing herein 
contained shall extend to officers in the militia or justices of the peace. 


204 


We, the delegates of the people of the state of South Carolina, in 
general convertion met, do ordain and establish this constitution for ws 


CONSTITUTION OF 


CONSTITUTION OF SOUTH CAROLINA. 


government. 


§ 1. The legislative authority of this state shall be vested in a general 
assembly, which shall consist of a senate and house of representatives. 

2. The house of representatives shall be composed of members chosen 
by ballot, every second year, by the citizens of this state, qualified as in 


ARTICLE l, 


this constitution is provided. 


3. The several election districts in this state shall elect the following 


number of representatives, viz : 


Charleston, including St. Philip and St. Michael, . fifteen members, 


Christ Church, ....0ceceocccecseesseescunsces three 
St. John, Berkley, ...-..eseeeeeeecevecevers .. three 
St. Andrew, ...--+++- 5S ise Glee a he, cw? Sri a pelea th three 
St. George, Dorchester,....+sssseeeeeceseeeees three 
St. James, Goose Creek, ...seeeseeesccceeecees three 
St. Thomas and St. Dennis,........eeeeeeeeees three 
St. Pauls... We nc we a6 ln Bhs webstore Wb pecan posed atilch ol og ale three 
St. Bartholomew, «22.00 cocccscccsevcsccscces three 
St. James, Santee... sesceescseeee ee three 
St. John, Colleton,.... «.++- eae din ecasedalnill de three 
St. Stephen,....seeseeeerseveeees ok aoa pale aot three 
St. Helena, .....eseecees alalne gis sok Sktelerae rome f three 
Sti Luke;: is se co's c se eae sbi gee Oatm es vane soew a threes 
Prince William, .....+sseceaee sakicon bilatee <cathtn Mitnia three 
StiPetery.<.oaceice os hick ala pe Kips iemik hee ge 0 three 


All Saints, (including its ancient boundaries,) ... one 
Winyaw, (not including any part of All Saints,) three 
Kingston, (not including any part of All Saints,) two 


Williamsburgh,.....eeeceecescsceceecccesees two 
Liberty, ....ccccccccsecseccccecceccceerescens two 
Marlborough, ...+..ceeeceeeccrereceertceceeces two 
Chesterfield,. ov .scaccie sie cvicee sa ecieseinenas cies two 
Darlington, .....ccceeeescccececeeccesecccere two 
Mork ses x p-wsiqawdiescle aeie-siiowess ciniaye sic uicaiuaa othe As three 
Chester,....ccccveccccccccusesevvcevesseeecve two 
Fairfield, ......cccecccecceccsccccececses cece, two 
Richland,..... 0.0.0 ses sadle4cnes creates apres «-. two 
Lancastér,.. 2.200 ah asese taiploie atie Rete ee, ee two 
Kershaw, ..ccsccccccssccsncccsecccsccncesece two 
Claremont; . i+. 0 sc sescgs ses ewe sWss besa eens two 


Charendon, 0. io. cco cesic ows eaven cage pees teas two 


do. 


ee eT 2 


SOUTH CAROLINA. 205 


Pbbeville, acu > <wenans+ eve ete ttumamtn tee tyres tree members, 
Bigehiehl js oc écivnsbe vine 66.000s2 BMY ocd ee ONE three do. 
Newbury, (including the fork between Broad 


and Saluda rivers,)..sceeseedevessceceoees three do. 
Laurens). «iss s oii cce a civnce edauves seen vgs eee thee “do, 
ENON A 6 calcacecivc os vocenseaaes.ccey as soba TWO do. 
Spartan, ....scccoccccscevecsesessesscssseses tWO do. 
Grreénwville,s ce cccccvccdseoncvesccseesicsssegedss (tWO do, 
Pendleton, s:o-s.sie:o i000: cie:e,ere-eth! dels torahere ete e'e fofe'ale't* PHFES do. 
St. Matthew; a aaxccvesccvsncancesscsereddcd ue tWO do. 
Oranges’. oo Beva.ererssercrerovereiererevaierel ecvieienstetere’ate’vietece’e’  tWO do. 
Winton, (including the district between Savan- th d 

nah river, and the north fork.of Edisto,).... ¢ his * 
axe: Gotha, a c:sincinciscissnsiamdeweves Oeeeewes tired do. 


4, Every free white man, of the age of twenty-one years, being a citi- 
zen of this state, and having resided therein two years previous to the 
day of election, and who hath a freehold of fifty acres of land, or a town 
lot, of which he hath been legally seized and possessed, at least six 
months before such election, or, not having such freehold or town lot, 
hath been a resident in the election district, in which he offers to give 
his vote, six months before the said election, and hath paid a tax the 
preceding year of three shillings sterling towards the support of this go- 
vernment, shall have a right to vote for a member or members, to serve 
in either branch of the legislature, for the election district in which he 
holds such property, or is so resident. 

5. The returning officer, or any other person Sresnav entitled to vote, 
ay. require any person who shall offer his vete at an election, to pro- 
duce a certificate of his citizenship, and a receipt from the tax collector 
of his having paid a tax, entitling him to vote, or to swear, or affirm, 
that he is duly qualified to .vote agreeably to this constitution. 

6. No person shall be eligible toa seat in the house of representatives, 
unless he is a free white man, of the age of twenty-one years, and hath 
been a citizen and resident in this state three years previous to his elec- 
tion. Ifa resident in the election district, he shall not be eligible to a 
seat in the house of representatives, unless he be legally seized and pos- 
sessed, in his own right, of a settled freehold estate of five hundred acres 
of land, and ten negroes; or of a real estate, of the value of one hun- 
dred and fifty pounds sterling, clear of debt. Ifa non-resident, he shall 
be legally seized and possessed of a settled freehold estate therein, of the 
value of five hundred pounds sterling, clear of debt. 

7. The senate shall be composed of members to be chosen for four 
years, in the following proportions, by the citizens of this state, qualified 
to elect members to the house of representatives, at the same time, in the 
same manner, and at the same places, where they shall vote for repre- 
sentatives, viz. 


Charleston, (including St. Philip and St. Michael,) two members. 
Ohifat chewchysas ayes te oe EE. POE IE GO. 
St. John, Berkley,...i.60.. ccs. e eee deeseeees One do. 
St. Andrew pe jeettscwaus c807. Due. Sees A ihe ho: 
St: George, emia tide ine COS es tes, Pee Sarre do. 


206 CONSTITUTION OF 


St. James, Goose Creek,...sepeceonsecccssesceese One member, 
St. Thomas and St. Dennis, ........cceeeeeeeeses One do, 
St. Paul, Comer ee es eree eres serene eessecsseseseess ONE do. 
St. Bartiolonsew, coin a 000 200 00.00 ccnnwe pads tie See ORONO OO, 
Rit, JaMBAs PACs, 50 o63 0200000 os¥-00 snes whanbs sade OOeeGe 
St. John, Colleton, .« «oo. cscceccceccee se ceceesss « ONGOMGO, 
St. Stephens, ..ccancccsccescccnccccccccsscseess One!” do, 
Be Trelen es. x45 a.qases ssa c atin cele own came peed seman « 
Bat. DUG i abies an idea p ding ¢ deoemninedinandiniinlaein teense aT 
Berixice; VAETIGIN, in o.n.ocs cada nine ose nde on cwieesien TO anes 
Bie, CLG E apps. <0 pe ceptibutctct A tetera bch ain tanus~orsimeaeesr eset © one do, 
All Saints,. ..¢ sewed. smouseel, wii leib old wadielous jones Go 


Winyaw and Williamsburgh,........s.es..05- .-. one do. 
Liberty and Kingston,........ soscccescevceoeces One — do, 
Marlborough, Chesterfield, and Darlington,........ two do. 
a ae at athe se weWd (60d % whl hs SS ee MONE EVO, 
Fairfield, Richland, and Chester,.........+..ee++. one do. 
Lancaster and. Kershaw, \« .'s\ews vist oes owe Se oele% one do. 
Claremount and Clarendon,...... sad eel ied Sonam 
Abbaville,: fa «act's chads qusivatal 1G», te.dsvacva. CEVRONSIIS GR 
Kdgofield, 0: sdeiben sé iaktinls, annitloedl oe eeee. One do, 


Newbury, (including the fork between Broad an 

Saluda rivers,).'.+ viewed side seeveescciseseee 
Lalrlensiawcas i td es vinn &. Kd. 06a Odes eR ens Jtlo} 
DION, a5 cescdinids Haddively onihh tub UWhisc side. Ve. o.!one? Vdel 
SPATLAD yi-ic ave ale v's SH ids wip ooo SBD ru OS Te. We <e UIOS AOHEE 
Green Ville, espe arrateye wee vag aside «320 ode os. wu rone? Sido, 
Pondletong...<er cia sv nes aw athe bade salen saeres Stoned. 


one do, 


St. Matthew and Orange,..........00 vesvecveceess One —§ do, 
Winton, (including the district between Savannah d 
river and the north fork of Edisto,) .......... We. se 


Saxedrotha, ics sew extiees dass eh oldanils a lege one do. 


8. No person shall be eligible to a seat in the senate, unless he is a 
free white man, of the age of thirty years, and hath been a citizen and 
resident in this state five years previous to his election. If a resident in 
the election district, he shall not be eligible unless he be legally seized 
and possessed, in his own right, of a settled freehold estate of the value 
of three hundred pounds sterling, clear of debt. If a non-resident in the 
election district, he shall not be eligible unless he be legally seized and 
possessed, in his own right, of a settled freehold estate, in the said dis- 
trict, of the value of one thousand pounds sterling, clear of debt. 

9. Immediately after the senators shall be assembled, in consequence 
of the first election, they shall be divided by lot into two classes.. The 
seats of the senators of the first class shall be vacated at the expiration 
of the second year, and of the second class, at the end of the fourth year ; 
so that one half thereof, as near as possible, may be chosen, for ever 
thereafter, every second year, for the term of four years. 

10. Senators and members of the house of representatives, shall be 
chosen on the second Monday in October next, and the day following ; 
and on the same days in every second year thereafter, in such manner, 
and at such times, as are herein directed; and shall meet on the fourth 


SOUTH CAROLINA. 207 


Monday in November annually, at Columbia, (which shall remain the 
seat of government until otherwise determined, by the concurrence of 
two-thirds of both branches of the whole representation, ) unless the casu- 
alties of war, or contagious disorders should render it unsafe to meet 
there; in either of which cases, the governor or commander-in-chief for 
the time being may, by proclamation, appoint a more secure and con- 
venient place of meeting. 

11. Each house shall judge of the elections, returns, and qualifications 
of its own members ; and a majority of each house shall constitute a 
quorum to do business: but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of absent members, 
in such manner and under such penalties as may be provided by law. 

12. Each house shall choose by ballot its own officers, determine its 
rules of proceeding, punish its members for disorderly behaviour, and, 
with the concurrence of two-thirds, expel a member, but not a second 
time for the same cause. 

13. Each house may punish, by imprisonment, during sitting, any 
person, not a member, who shall be guilty of disrespect to the house, by 
any disorderly or contemptuous behaviour in its presence—or who, dur- 
ing the time of its sitting, shall threaten harm to body or estate of any 
member, for any thing said or done in either house ; or who shall assault 
any of them therefor ; or who shall assault or arrest any witness or other 
person ordered to attend the house, in his going to or returning there- 
from ; or who shall rescue any person arrested by order of the house. 

14. The members of both houses shall be protected in their persons 
and estates, during their attendance on, going to, and returning from 
the legislature, and ten days previous to their sitting, and ten days after 
the adjournment of the legislature. But these privileges shall not be ex- 
tended so as to protect any member who shall be charged with treason, 
felony, or breach of the peace. 

15, Bills for raising a revenue shall originate in the house of repre- 
sentatives, but may be altered, amended, or rejected by the senate. 

All other bills may originate in either house, and may be amended, 
altered, or rejected by the other. 

16. No bill or ordinance shall have the force of law, until it shall have 
been read three times, and on three several days, in each house, has had 
the great seal affixed to it, and has been signed, in the senate-house, by 
the president of the senate and speaker of the house of representatives. 

17. No money shall be drawn out of the public treasury, but by the 
legislative authority of the state. 

18. The members of the legislature, who shall assemble under this 
constitution, shall be entitled to receive out of the public treasury, as a 
compensation for their expenses, a sum not exceeding seven shillings 
sterling a day, during their attendance on, going to, and returning from 
the legislature: but the same may be increased or diminished by law, 
if circumstances shall require ; but no alterations shall be made by any 
legislature, to take effect during the existence of the legislature which 
shall make such alteration. 

19. Neither house shall, during their session, without the consent of 
the other, adjourn for more than three days, nor to any other place than 
that m which the two houses shall be sitting. 

20. No bill or ordinance, which shall have been rejected by cither 


208 CONSTITUTION OF 


‘house, shall be brought in again during the sitting, without leave of the 
house, and notice of six days being previously given. | 

21. No person shall be eligible to a seat in the legislature whilst he 
holds any office of profit or trust under this state, the United States, or 
either of them, or under any other power—except officers in the militia, 
army, or navy of this state, justices of the peace, or justices of the county 
courts, while they receive no salaries; nor shall any contractor of the 
army or navy of this state, the United States, or either of them, or the 
agents of such contractor, be eligible to a seat in either house. Andif 
any member shall accept or exercise any of the said disqualifying offices, 
he shall vacate his seat. 

22.-If any election district shall neglect to choose a member or mem- 
bers, on the days of election, or if any person chosen a member of either 
house shall refuse to qualify and take his seat, or should die, depart the 
state, or accept any disqualifying office, a writ of election shall be issued 
by the president of the senate, or speaker of the house of representatives, 
as the case may be, for the purpose of filling up the vacancy thereby oc- 
casioned, for the remainder of the term for which the person so refusing 
to qualify, dying, departing the state, or accepting a disqualifying office, 
was elected to serve. 

23. And whereas the ministers of the gospel are, by their profession, 
dedicated to the service of God, and the care of souls, and ought not to 
be diverted from the great duty of their functions: therefore, no minis- 
ter of the gospel, or public preacher, of any religious persuasion, whilst 
he continues in the exercise of his pastoral functions, shall be eligible to 
the office of governor, lieutenant-governor, or a seat in the senate or house 
of representatives. 


ARTICLE 2, 


- § 1. The executive authority of this state shall be invested in a gover- 
nor, to be chosen in manner following: as soon as maybe, after the first 
meeting of the senate and house of representatives, and at every first 
meeting of the house of representatives thereafter, when a majority of 
both houses shall be present, the senate and house of representatives 
shall, jointly, in the house of representatives, choose, by ballot, a gover- 
nor, to continue for two years, and until a new election shall be made. 

2. No person shall be eligible to the office of governor, unless he hath 
attained the age of thirty years, and hath resided within this state, and 
been a citizen thereof, ten years, and unless he be seized and possessed 
of a settled estate within the same, in his own right, of the value of fif- 
teen hundred pounds sterling, clear of debt. 

No person, having served two years as governor, shall be re-eligible to 
hat office, till after the expiration of four years. 

No person shall hold the office of governor, or any other office or 
commission, civil or military, except in the militia, either in this state 
or under any state, or the United States, or in any other power, at oné 
and the same time. 

3. A lieutenant-governor shall be chosen at the same time, in the same 
manner, continue in office for the same period, and be possessed of the 
same qualifications as the governor. 

4, A member of the senate or house of representatives, heing chosen, and 


; 


SOUTH CAROLINA. 209 


acting as governor or lieutenant-governor, shall vacate his seat, and an- 
other person shall be elected in his stead. 

5. In case of the impeachment of the governor, or his removal from 
office, death, resignation, or absence from the state, the lieutenant-gover- 
nor shall succeed to his office. And in case of the impeachment of the 
lieutenant-governor, or his removal from office, death, resignation, or ab- 
sence from the state, the president of the senate shall succeed to his 
office, till a nomination to those offices respectively shall be made by the 
senate and house of representatives, for the remainder of the time for 
which the officer so impeached, removed from office, dying, resigning, 
or being absent, was elected. 

6. The governor shall be commander-in-chief of the army and navy 
of this state, and of the militia, except when they shall be called into 
the actual service of the United States. 

7. He shall have power to grant reprieves and pardons, after convic- 
tion, except in cases of impeachment, in such manner, on such terms, 
and under restrictions, as he shall think proper, and he shall have power 
to remit fines and forfeitures, unless otherwise directed by law. 

8. He shall take care that the laws be faithfully executed in mercy. 

9. He shall have power to prohibit the exportation of provision, for 
any time not exceeding thirty days. 

10. He shall, at stated times, receive for his services a compensation, 
which shall neither be increased or diminished during the period for 
which he shall have been elected. 

11, All officers in the executive department, when required by the 
governor, shall give him information, in writing, upon any subject re- 
lating to the duties of their respective offices. ’ 

12. The governor shall, from time to time, give to the general assem- 
bly information of the condition of the state, and recommend to their 
consideration such measures as he shall judge necessary or expedient. 

13. He may, on extraordinary occasions, convene the general assem- 
bly, and, in case of disagreement between the two houses with respect to 
the time of adjournment, adjourn them to such time as he shall think 
proper, not beyond the fourth Monday in the month of November then 
ensuing. 

ARTICLE 3, 


§ 1. The judicial power shall be vested in such superior and inferior 
courts of law and equity, as the legislature shall, from time to time, direct 
and establish. 

The judges of each shall hold their commissions during good beha- 

vionr; and judges of the superior courts shall, at stated times, receive a 
compensation for their services, which shall neither be increased or di- 
minished during their continuance in office: but they shall receive no 
fees or perquisites of office, nor hold any other office of profit or trust, 
under this state, the United States, or any other power. 
- 2, Thestyle of all processes shall be, “the state of South Carolina.” 
All prosecutions shall be carried on in the name and by the authority of 
the state of South Carolina, and conclude—“ against the peace and 
dignity of the same.” 


s2 


210 CONSTITUTION OF 


ARTICLE 4. 


All persons who shall be chosen or appointed to any office of profit or 
trust, before entering on the execution thereof, shall take the following 
oath : “I do swear (or affirm) that I am duly qualified, according to the 
constitution of this state, to exercise the office to which I have been ap 
pointed, and will, to the best of my abilities, discharge the duties there- 
of, and preserve, protect, and defend the constitution of this state, and of 
he United States.” 


ARTICLE 5. 


§ 1. That the house of representatives shall have’ the sole power of 
impeaching ; but no impeachment shall be made, unless with the con- 
currence of two-thirds of the house of representatives. 

2. All impeachments shall be tried by the senate. When sitting for 
that purpose, the senators shall be on oath or affirmation : and no per- 
son shall be convicted without the concurrence of two-thirds of the mem- 
bers present. 

3. The governor, lieutenant-governor, and all the civil officers, shall 
ve liable to impeachment for any misdemeanour in office ; but judgment 
in such cases shall not extend further than to a removal from office, and 
disqualification to hold any office of honour, trust, or profit, under this 
state. The party convicted shall, nevertheless, be liable to indictment, 
trial, judgment, and punishment, according to law. 


ARTICLE 6, 


§ 1. The judges of the superior courts, the commissioners of the 
treasury, secretary of the state, and surveyor-general, shall be elected by 
the joint ballot of both houses, in the house of representatives. The 
commissioners of the treasury, secretary of this state, and surveyor-gene- 
ral, shall hold their offices for four years : but shall not be eligible again 
for four years after the expiration of the time for which they shall have 
been elected. 

2. All other officers shall be appointed as they hitherto have been, 
until otherwise directed by law; but sheriffs shall hold their offices for 
four years, and not be again eligible for four years after the term for 
which they shall have been elected. 

3. All commissions shall be in the name and by the authority of the 
state of South Carolina, and be sealed with the seal of the state, and be 
signed by the governor. 


ARTICLE 7. 


All laws in force in this state at the passing of this constitution, shall 
so continue until altered or repealed by the legislature ; except where 
they are temporary, in which case they shall expire at the times respec- 
tively limited for their duration, if not continued by act of the legis- 
lature. 

ARTICLE 8. 


§ 1. The free exercise and enjoyment of religious profession and wor- 
ship, without discrimination or preference, shall, for ever hereafter, be 


SOUTH CAROLINA. 211 


allowed within this state to all mankind: Provided, that the liberty of 
conscience thereby declared, shall not be so construed as to excuse acts 
of licentiousness, or justify practices inconsistent with the peace or safety 
of this state. 

2. The rights, privileges, immunities, and estates of both civil and re- 
ligious societies and of corporated bodies, shall remain as if the constitu- 
tion of this state had not been altered or amended. 


ARTICLE 9. 


§ 1. All power is originally vested in the people ; and all free govern- 
ments are founded on their authority, and are instituted for their peace, 
safety, and happiness. 

2. No freeman of this state shall be taken, or imprisoned, or disseized 
of his freehold, liberties, or privileges, or outlawed, or exiled, or in any 
manner destroyed, or deprived of his life, liberty, or property, but by the 
judgment of his peers, or by the law of the land: nor shall any bill of at- 
tainder, ex post facto law, or law impairing the obligation of contracts, 
ever be passed by the legislature of this state. 

3. The military shall be subordinate to the civil power. 

4, Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel punishments inflicted. 

5. The legislature shall not grant any title of nobility or hereditary 
distinction, nor create any office, the appointment to which shall be for 
any longer time than during good behaviour. 

6. The trial by jury, as heretofore used in this state, and the liberty 
of the press, shall be for ever inviolably preserved. 


ARTICLE 10, 


§ 1. The business of the treasury shall be in future conducted by two 
treasurers, one of whom shall hold his office and reside in Columbia ; and 
the other shall hold his office and reside in Charleston. 

2. The secretary of state and surveyor-general shall hold their offices 
both in Columbia and in Charleston, They shall reside at one place, 
and their deputies at the other. 

3. At the conclusion of the circuits, the judges shall meet and sit at 
Columbia, for the purpose of hearing and determining all motions which 
may be made for new trials, and in arrest of judgments, and such points 
of law as may be submitted to them. From Columbia they shall pro- 
ceed to Charleston, and there hear and determine all such motions for 
new trials, and in arrest of judgment, and such points of law as may be 
submitted to them. 

4, The governor shall always preside, during the sitting of the legis- 
lature, at the place where their sessions may be held, and at all other 
times, wherever, in his opinion, the public good may require. 

5. The legislature shall, as soon as may be convenient, pass laws for 
the abolition of the rights of primogenitures, and for giving an equita- 
ble distribution uf the real estate of intestates. 


ARTICLE LI, 


No convention of the people shall be called, unless by the concur- 
rence of two-thirds of both branches of the whole representation. 


212 CONSTITUTION OF 


No part of this constitution shall be aitered, unless a bill to alter the 
same shall have been read three times in the house of representatives, 
and three times in the senate, and agreed to by two-thirds of both 
branches of the whole representation ; neither shall any alteration take 
place until the bill so agreed to be published three months previous toa 
new election for members to the house of representatives ; and if the 
alteration proposed by the legislature shall be agreed to in their first 
session by two-thirds of the whole representation in both branches of 
the legislature, after the same shall have been read three times, on three 
several days in each house, then, and not otherwise, the same shall be- 
come a part of the constitution. ; 

Done in convention, at Columbia, in the state of South Carolina, 

the third day of June, in the year of our Lord 1790, and in the 
fourteenth year of the Independence of the United States of 
America. ~ 


By the unanimous order of the convention, 


CHARLES PINCKNEY, President. 


AMENDMENTS. 


Al Bill to alter the fourth section of the first article of the Constitu- 
tion of the state of South Carolina. 


Br it enacted by the honourable the senate and house of representa- 
tives, now met and sitting in general assembly, and by the authority of 
the same, That the fourth section of the first article of the constitution 
of this state be altered and amended, to read as follows: Every free 
white man of the age of twenty-one years, paupers and non-commis- 
sioned officers and private soldiers of the army of the United States 
excepted, being a citizen of this state, and having resided therein two 
years previous to the day of election, and who hath a freehold of fifty 
acres of land, or a town lot, of which he hath been legally seized and 
possessed at least six months before such election, or not having such 
frechold or town lot, hath been a resident in the election district in which 
he offers to give his vote six months before the said election, shall have 
a right to vote for a member or members to serve in either branch of the 
legislature, for the election district in which he holds such property, or is 


so resident. 


™ 
AMENDMENTS RATIFIED DECEMBER 17, 1808. 


The following sections, in amendment of the third, seventh, and ninth 
sections of the first article of the constitution of this state, shall be, and 
they are hereby declared to be, valid parts of the said constitution ; and 
the said third, seventh, and ninth sections, or such parts thereof as are 
repugnant to such amendments, are hereby repealed and made void. 

The house of representatives shall consist of one hundred and twenty 
four members, to be apportioned among the several election districts of 
the state, according to the number of white inhabitants contained, and 


SOUTH CAROLINA. 213 


the amount of all taxes raised by the legislature, whether direct or indi- 
rect, or of whatever species, paid in each, deducting therefrom all taxes 
paid on account of property held in any other district, and adding thereto 
all taxes elsewhere paid on account of property held in such district. 
An enumeration of the white inhabitants, for this purpose, shall be made 
in the year one thousand eight hundred and nine, and in the course of 
every tenth year thereafter, in such manner as shall be by law directed : 
and representatives shall be assigned to the different districts in the above- 
mentioned proportion, by act of the legislature, at the session immedi- 
ately succeeding the above enumeration. 

If the enumeration herein directed should not be made in the course 
of the year appointed for the purpose by these amendments, it shall be 
the duty of the governor to have it effected as soon thereafter as shall be 
practicable. 

In assigning representatives to the several districts of the state, the 
legislature shall allow one representative for every sixty-second part of 
the whole number of white inhabitants in the state ; and one representa- 
tive also for every sixty-second part of the whole taxes raised by the 
legislature of the state. 'The legislature shall further allow one repre- 
sentative for such fractions of the sixty-second part of the white in- 
habitants of the state, and of the sixty-second part of the taxes raised 
by the legislature of the state, as, when added together, form a unit. 

In every apportionment of representation under these amendments, 
which shall take place after the first apportionment, the amount of taxes 
shall be estimated from the average of the ten preceding years ; but the 
first apportionment shall be founded upon the tax of the preceding year, 
excluding from the amount thereof the whole produce of the tax on 
sales at public auction. 

If, in the apportionment of representatives under these amendments, 
any election district shall appear not to be entitled, from its population 
and its taxes, to a representative, such election district shall, neverthe- 
iess, send one representative; and, if there should be still a deficiency 
of the number of representatives required by these amendments, such 
deficiency shall be supplied by assigning representatives to those election 
districts having the largest surplus fractions ; whether those fractions 
consist of a combination of population and of taxes, or of population 
or of taxes separately, until the number of one hundred and twenty- 
four members be provided. 

No apportionment, under these amendments shall be construed to take 
effect, in any manner, until the general election which shall succeed 
such apportionment. , 

The election districts, for members of the house of representatives, 
shall be and remain as heretofore established, except Saxe Gotha and 
Newberry ; in which the boundaries shall be altered, as follows, viz: 
That part of Lexington in the fork of Broad and Saluda rivers, shall no 
longer compose a part of the election district of Newberry, but shall be 
henceforth attached to, and form a part of, Saxe Gotha. And, also, 
except Orange and Barnwell, or Winton, in which the boundaries shall 
be altered, as follows, viz: That part of Orange in the fork of Edisto 
shall no longer compose a part of the election district of Barnwell, or 
Winton, but shall be henceforth attached to, and form a part of, Orange 
election district. 


214 CONSTITUTION OF ~- 


The senate shall be composed of one member from each election dis« 
trict, as now established for the election of members of the house of 
representatives, except the district formed by the parishes of St. Philip 
and St. Michael, to which shall be allowed two senators, as heretofore. 

The seats of those senators who under the constitution shall represent 
two or more election districts, on the day preceding the second Monday 
of October, which will be in the year one thousand eight hundred and 
ten, shall be vacated on that day, and the new senators who shall repre- 
sent such districts under these amendments, shall, immediately after they 
shall have been assembled under the first election, be divided by lots 
into two classes ; the seats of the senators of the first class shall be va- 
cated at the expiration of the second year, and of the second class, at the 
expiration of the fourth year; and the number in these classes shall be 
so proportioned, that one-half of the whole number of senators may, as 
nearly as possible, continue to be chosen thereafter every second year. 

None of these amendments becoming parts of the constitution of this 
state shall be altered, unless a bill to alter the same shall have been read 
on three several days in the house of representatives, and on three several 
days in the senate, and agreed to at the second and third reading by 
two-thirds of the whole representation in each branch of the legislature ; 
neither shall any alteration take place, until the bill so agreed to be 
published three months previous to a new election for members to the 
house of representatives; and if the alteration proposed by the legisla- 
ture shall be agreed to in their first session, by two-thirds of the whole 
representation, in each branch of the legislature, after the same shall 
have been read on three several days in each house, then, and not other- 
wise, the same shall become a part of the constitution. 


AMENDMENT RATIFIED DECEMBER 19, 1816. 


That the third section of the tenth article of the constitution of this 
state be altered and amended 'to read as follows: The judges shall, at 
such times and places as shall be prescribed by act of the legislature of 
this state, meet and sit for the purpose of hearing and determining all 
motions which may be made for new trials, and in arrest of judgment, 
and such points of law as may be submitted to them. 


CONSTITUTION OF GEORGIA. 


The Constitution of the State of Georgia, as revised, amended, and 
compiled, by the convention of the State, at Louisville, on the 30th 
day of May, 1798. 

ARTICLE 1, 

§ 1. Tue legislative, executive, and judiciary departments of govern 
ment shall be distinct, and each department shall be confided to a sepa- 
rate body of magistracy ; and no person or collection of persons, being 
of one of those departments, shall exercise any power properly attached 
to either of the others,except in the instances herein expressly permitted. 


GEORGIA. . 215 


§ 2, The legislative power shall be vested in two separate and dis- 
tinct branches, to wit : a senate and house of representatives, to be styled 
“the General Assembly.” 

§ 3. The senate shall be elected annually, on the first Monday in 
November, until such day of election be altered by law; and shall be 
composed of one member from each county, to be chosen by the electors 
thereof. 

§ 4. No person shall be a senator who shall not have attained to the 
age of twenty-five years ; and have been nine years a citizen of the Uni- 
ted States, and three years an inhabitant of this state, and shall have 
usually resided within the county for which he shall be returned, at least 
one year immediately preceding his election, (except persons who may 
have been absent on public business of this state or of the United States, ) 
and is, and shall have been possessed, in his own right, of a settled free- 
hold estate of the value of five hundred dollars, or of taxable property 
to the amount of one thousand dollars, within the county, or for one 
year preceding his election; and whose estate shall, on a reasonable 
estimation, be fully competent to the discharge of his just debts, over 
and above that sum. ; 

§ 5. The senate shall elect, by ballot, a president out of their own 
body. 

§ 6. The senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation: and 
no person shall be convicted without the concurrence of two-thirds of ' 
the members present :—Judgment in cases of impeachment shall not ex- 
_ tend further than removal from office and disqualification to hold and 
enjoy any office of honour, trust, or profit, within this state ; but the party 
convicted shall, nevertheless, be subject to indictment, trial, judgment, 
and punishment, according to law. 

§ 7. The house of representatives shall be composed of members 
from all the counties which now are, or hereafter may be, included 
within this state, according to their refpective numbers of free white 
persons, and including three-fifths of all the people of colour. The- 
actual enumeration shall be made within two years, and within every 
subsequent term of seven years thereafter, at such time and in such 
manner as this convention may direct. Each county containing three 
thousand persons, agreeably to the foregoing plan of enumeration, shall 
be entitled to two members; seven thousand to three members ; and 
twelve thousand to four members; but, each county shall have at least 
one, and not more than four members; the representatives shall be 
chosen annually, on the first Monday in November, until such day of 
election be altered by law.. Until the aforesaid enumeration shall be 
made, the several counties shall be entitled to the following” number of 
-Tepresentatives, respectively : Camden two; Glynn two; Liberty three ; 

M‘Intosh two; Bryan one; Chatham four; Effingham two; Scriven 
two; Montgomery two; Burke three; Bullock one ; Jefferson three ; 
Lincoln two; Elbert three; Jackson two; Richmond three; Wilkes 
four; Columbia three ; Warren three; Washington three; Hancock 
four ; Greene three ; Oglethorpe three ; and Franklin two. 

§ 8. No person shall be a representative who shall not have attained to 
the age of twenty-one years, and have been seven years a citizen of the 
United States, three years an inhabitant of this state, and have usually 


216 CONSTITUTION OF 


resided in the county in which he shall be chosen, one year immediately 
preceding his election, (unless he shall have been absent on public busi- 
ness of this state or of the United States,) and shall be possessed in his 
own right of a settled freehold estate of the value of two hundred and 
fifty dollars, or of taxable property to the amount of five hundred dollars 
within the county, for one year preceding his election ; and whose estate 
shall, on a reasonable estimation, be competent to the discharge of his 
just debts, over and above that sum. 

_ § 9, The house of representatives shall choose their speaker and other 
officers. 

§ 10. They shall have solely the power to impeach all persons who 
have been or may be in office. 

§ 11. No person holding any military commission or other appoint: 
ment, having any emolument or compensation annexed thereto, under 
this state or the United States, or either of them, except justices of the 
inferior court, justices of the peace, and officers of the militia, nor any 
person who has had charge of public moneys belonging to the state, un- 
accounted for and unpaid, or who has not paid all legal taxes or con- 
tributions to the government required of him, shall have a seat in either 
branch of the general assembly ; nor shall any senator or representative 
be elected to any office or appointment by the legislature, having any 
emoluments or compensation annexed thereto, during the time for which 
ne shall have been elected, with the above exception, unless he shall de- 
cline accepting his seat, by notice to the executive within twenty days 
after he shall have been elected; nor shall any member, after having 
taken his seat, be eligible to any of the aforesaid offices or appointments 
during the time for which he shall have been elected. 

§ 12. The meeting of the general assembly shall be annually, on the 
second ‘Tuesday in January, until such day of meeting be altered by 
law: a majority of each branch shall be authorized to proceed to -busi- 
ness; but a smaller number adjourn from day to day, and compel 
the attendance of their members in such manner as each house may pre- 
scribe. 

§ 13. Each house shall be the judges of the elections, returns, and 
qualifications of its own members ; with powers to expel or punish, by 
censuring, fining, and imprisoning, or either, for disorderly behaviour ; 
and may expel any person convicted of any felonious or infamous of- 
fence ;-each house may punish by imprisonment, during session, any 
person not a member, who shall be guilty of disrespect by any disorderly 
or contemptuous behaviour in its presence, or who, during session, shall 
threaten harm to the body or estate of any member, for any thing said or 
done in either house, or who shall assault any. of them therefor ; or who 
shall assault or arrest any witness in going to or returning from, or who 
shall rescue any person arrested by order of either house. 

§ 14, No senator or representative shall be liable to be arrested during 
his attendance on the general assembly, or for ten days previous to its 
sitting, or for ten days after the rising thereof, except for treason, felony, 
or breach of the peace; nor shall any member be liable to answer for 
any thing spoken in debate in either house, in any court or place 
elsewhere ; but shall nevertheless be bound to answer for perjury, bri. 
b:7, or corruption. 

15. Each house shall keep a journal of its proceedings, and publish 


, GEORGIA. 217 


them immediately after their adjournment ; and the yeas and nays of the 
members on any question shall, at the desire of any two members, be 
entered on the journals. | 

§ 16, All bills for raising revenue or appropriating moneys, shall ori- 
ginate in the house of representatives ; but the senate shall propose or 
concur with amendments, as in other bills. 

§ 17. Every bill shall be read three times and on three separate days, in 
each branch of the general assembly, before it shall pass, unless in cases 
of actual invasion or insurrection ; nor shall any law or ordinance pass, 
containing any matter different from what is expressed in the title 
thereof; and all acts shall be signed by the president in the senate, and 
speaker in the house of representatives: No bill or ordinance which 
shall have been rejected by either house, shall be brought in again du- 
ring the session, under the same or any other title, without the consent 
of two-thirds of each branch. 

§ 18. Each senator and representative, before he be permitted to take 
his seat, shall take an oath, or make: affirmation, that he hath not prac- 
tised any unlawful means, either directly or indirectly, to procure his 
election ; and every person shall be disqualified from serving as a sena- 
tor or representative, for the term for which he shall have been elected, 
who shall be convicted of having given or offered any bribe, or treat, or 
canvassed for such election ; and every candidate employing like means, 
and not elected, shall, on conviction, be ineligible to hold a seat in either 
house, or to hold any office of honour or profit for the term of one year, 
and to such other disabilities or penalties as may be prescribed by law. 

§ 19. Every member of the senate and house of representatives shall, 
before he takes his seat, take the following oath or affirmation, to wit : 
“J, A. B., do solemnly swear (or affirm, as the case may be) that I have 
not obtained my election by bribery, treats, canvassing, or other undue 
or unlawful means, used by myself, or others by my desire or approba- 
tion, for that purpose ; that I considerymyself constitutionally qualified 
as a senator or representative ; and that, on all questions and measures 
which may come before me, I will give my vote, and so conduct myself, 
as may, in my judgment, appear most conducive to the interest and 
prosperity of this state; and that I will bear true faith and allegiance to 
the same ; and to the utmost of my power and ability observe, conform 
to, support, and defend the constitution thereof.” 

§ 20.- No person who hath been or may be convicted of felony before 
any court of this state, or any of the United States, shall be eligible to 
any office or appointment of honour, profit, or trust, within this state. 

§ 21. Neither house, during the session of the.general assembly, shall, 
without the consent of the other, adjourn for more than three days, nor 
to any other place than that at which the two branches shall be sitting ; 
and in case of disagreement between the senate and house of representa- 
_ tives, with respect to their adjournment, the governor may adjourn them. 

§ 22. The general assembly shall have power to make all laws and 
ordinances which they shall deem necessary and proper for the goo of 
the state, which shall not be repugnant to this constitution. 

§ 23. They shall have power to alter the boundaries of the |»esent 
counties, and to lay off new ones, as well out of the counties already 
laid off, as out of the other territory belonging to the state: but the pro- 
perty of the soil, in a free erreraen, being one of the esser.tial rights 


218 CONSTITUTION, OF 


of a free people, it is necessary, in order to avoid disputes, that the limits 
of this state should be ascertained with precision and exactness ; and this 
convention, composed of the immediate representatives of the people, 
chosen by them to assert their rights, to revise the powers given by them 
to the government, and from whose will all ruling authority of right 
flows, doth assert and declare, the boundaries of this state shall be as 
follows, that is to say: the limits, boundaries, jurisdictions, and autho- 
rity of the state of Georgia, do, and did, and of right ought to, extend 
from the sea or mouth of the river Savannah, along the northern branch 
or stream thereof, to the fork or confluence of the rivers now called Tu- 
galo and Keowee, and from thence along the most northern branch or 
stream of the said river Tugalo, till it intersect the northern boundary 
line of South Carolina, if the said branch or stream of Tugalo extends so 
far north, reserving all the islands in the said river Savannah and ‘l'u- 
galo to Georgia; but, if the head spring or source of any branch or 
stream of the said river Tugalo does not extend 'to the north boundary 
line of South Carolina, then a west line to the Mississippi, to be drawn from 
the head spring or source of the said branch or stream of 'Tugalo river, 
which extends to the highest northern latitude ; thence, down the middle 
of the said river Mississippi, until it shall intersect the northernmost part 
of the thirty-first degree of north latitude ; south, by a line drawn due 
east, from the termination of the line last mentioned, in the latitude of 
thirty-one degrees north of the equator, to the middle of the river Apala- 
chicola, or Chatahoochee ; thence, along the middle thereof, to its junc- 
tion with Flint river; thence straight to the head of St. Mary’s river; 
and thence, along the middle of St. Mary’s river, to the Atlantic ocean, 
and from thence to the mouth or inlet of Savannah river, the place of 
beginning : including and comprehending all the lands and waters within 
the said limits, boundaries, and jurisdictional rights ; and also all the 
islands within twenty leagues of the sea coast. And this convention 
doth further declare and assert, that all the territory without the present 
temporary line, and within the limits aforesaid, is now, of right, the pro- 
perty of the free citizens of this state, and held by them in sovereignty, 
inalienable but by their consent. Provided, nevertheless, That nothing 
herein contained shall be construed so as to prevent a sale’ to, or con- 
tract with the United States, by the legislature of this state, of and for 
all or any part of the western territory of this state, lying westward of 
the river Chatahoochee, on such terms as may be beneficial to both par- 
ties; and may procure an extension of settlement, and extinguishment 
of Indian claims, in and to the vacant territory of this state to the east 
and north of the said river Chatahoochee, to which territory, such 
power of contract or sale, by the legislature, shall not extend: And pro- 
vided also, The legislature may give its consent to the establishment of 
one or more governments westward thereof; but monopolies of land by 
individuals being contrary to the spirit of our free government, no sale of 
territory of this state, or any part thereof, shall take place to individuals 
or private companies, unless a county or counties shall have been first 
laid off, including such territory, and the Indian rights shall have been 
extinguished thereto. 

§ 24. The foregoing section of this article having declared the com- 
mon rights of the free citizens of this state, in and to all the territory 
without the present temporary boundary line, and within the limits of 


GEORGIA. 919 


this state thereby defined, by which the contemplated purchases of cer- 
tain companies of a considerable portion thereof are become constitu- 
tionally void ; and justice and good faith require, that the state should 
not detain a consideration for a contract which has failed ; the legisla- 
ture, at their next session, shall make provision by law for returning to any 
person or persons who has or have bona fide deposited moneys for such 
purchases in the treasury of this state: Provided, that the same shall not 
have been drawn therefrom in terms of the act passed the thirteenth 
day of February, one thousand seven hundred and ninety-six, com- 
monly called the rescinding act, or the appropriation laws of the 
years one thousand seven hundred and ninety-six and one thousand 
seven hundred and ninety-seven; nor shall the moneys paid for such 
purchases ever be deemed a part of the funds of this state, or be liable 
to appropriation as such; but until such moneys be drawn from the 
treasury, they shall be considered altogether at the risk of the persons 
who have deposited the same. No money shall be drawn out of the 
treasury or from the public funds of this state, except by appropriation 
made by law; and a regular statement and account of the receipts and 
expenditures of all public moneys shall be published from time to time. 
No vote, resolution, law, or order, shall pass the general assembly, grant- 
ing a donation or gratuity in favour of any person whatever, but by the 
concurrence of two-thirds of the general assembly. 

§ 25. It shall be the duty of the justices of the inferior court, or any 
three of them, in each county respectively, within sixty days after the 
adjournment of this convention, to appoint one or more fit persons in 
each county, not exceeding one for each battalion district, whose duty 
it shall be to take a full and accurate census or enumeration of all free 
white persons and people of colour residing therein, distinguishing, in 
separate columns, the free white persons from persons of colour, and 
return the same to the clerks of the superior courts of the several 
counties, certified under their hands, on or before the first day of De- 
cember next; the persons so appointed, being first severally sworn 
before the said justices, or either of them, duly and faithfully to perform 
the trust reposed in them; and it shall be the duty of the said clerks to 
transmit all such returns, under seal, directed to the speaker of the house 
of representatives, at the first session of the legislature thereafter. And 
it shall be the duty of the general assembly, at their said first session, to 
apportion the members of the house of representatives among the several 
counties, agreeably to the plans. prescribed by this constitution, and to 
provide an adequate compensation for the taking of the said census. 
Every person whose usual place of abode shall be in any family on the 
first Monday in July next, shall be returned as of such family; and of 
every person occasionally absent at the time of taking the enumeration, as 
belonging to that place in which he usually resides. 'The general as- 
sembly shall, by law, direct the manner of taking such census or enu- 
meration, within every subsequent term of seven years, in conformity to 
this constitution. And it is declared to be the duty of all officers, civil 
and military, throughout the state, to be aiding and assisting in the true 
and faithful execution thereof. In case the justices of the inferior courts 
should fail to make such appointments, or if there should not be a suf- 
ficient number of such justices in any county, then the justices of the 
peace, or any three of them, shall have and exercise like powers and 


220 CONSTITUTEON OF 


authority respecting the said census ; and if the census or enumeration 
of any county shall not be so taken and returned, then, and in that 
case, the general assembly shall apportion the representation of such 
county according to the best evidence in their power, relative to its 
population. 


ARTICLE 2, 


§ 1. The executive power shall be vested in a governor, who shall 
hold his office during the term of two years, and until such time as a 
successor shall be chosen and qualified. He shall have a competent 
salary, established by law, which shall not be increased or diminished 
during the period for which he shall have been elected ; neither shall 
he receive, within that period, any other emolument from the United 
States, or either of them, or from any foreign power. 

2. ‘he governor shall be elected by the general assembly, at their 
second annual session after the rising of this convention, and at every 
second annual session thereafter, on the second day after the two houses 
shall be organized and competent to proceed to business. 

§ 3. No person shall be eligible to the office of governor who shall 
not have been a citizen of the United States twelve years, and an in- 
habitant of this state six years, and who hath not attained to the age 
of thirty years, and who does not possess five hundred acres of land, 
in his own right, within this state, and other property to the amount 
of four thousand dollars, and whose estate shall not, on a reasonable 
estimation, be competent to the discharge of his debts, over and above 
that sum. 

§ 4. In case of the death, resignation, or disability of the governor, 
the president of the senate shall exercise the executive powers of govern- 
ment until such disability be removed, or until the next meeting of the 
general assembly. 

§ 5. The governor shall, before he enters on the duties of his office, 
take the following oath or affirmation: “I do solemnly swear (or af- 
firm, as the case may be) that I will faithfully execute the office of 
governor to the state of Georgia; and will, to the best of my abilities, 
preserve, protect, and defend the said state, and cause justice to be exe- 
cuted in mercy therein, according to the constitution and laws thereof.’ 

§ 6. He shall be commander-in-chief of the army and navy of this 
state, and of the militia thereof. 

§ 7. He shall have power to grant reprieves for offences against the 
stave, except in cases of impeachment, and to grant pardons or to remit 
any part of a sentence, in all cases after conviction, except for treason or 
murder, in which cases he may respite the execution, and make report 
thereof to the next general assembly, by whom a pardon may be granted. 

§ 8. He shall issue writs of election to fill up all vacancies that hap- 
pen in the senate or house of representatives ; and shall have power to 
convene the general assembly on extraordinary occasions; and shall 
give them, from time to time, information of the state of the republic, and 
recommend to their consideration such measures as he hah deem ne- 
cessary and expedient. 

§ 9. When any office shall become vacant by death, resignation, or 
otherwise the governor shall have the power to fill such vacancy ; and per- 
sons so appointed shall continue in office until a successor is appointed, 


GEORGIA. 291 


* agreeably to the mode pointed out by this constitution or by the legis- 
lature. 

§ 10. He shall have the revision of all bills passed by both houses, 

before the same shall become laws; but two-thirds of both houses may 
pass a law notwithstanding his dissent; and if any bill should not be 
returned by the governor within five days after it hath been presented to 
him, the same shall be a law, unless the general assembly, by their ad- 
journment, shall prevent its return. 
_ § 11. Every vote, resolution, or order, to which the concurrence of 
Doth houses may be necessary, except on a question of adjournment, 
shall be presented to the governor; and, before it shall take eflect, be 
approved by him; or, being disapproved, may be repassed by two-thirds 
of both houses, according to the rules and limitations prescribed in case 
of a bill. 

§ 12. There shall be a secretary of the state, a treasurer, and a sur- 
veyor-general, appointed in the same manner and at the same session 
of the legislature, and they shall hold their offices for the like period as 
the governor, and shall have a competent salary, including such emolu- 
ments as may be established by law, which ‘shall not be increased or 
diminished during the period for which they shall have been elected. 

§ 13. The great seal of the state shall be deposited in the office of the 
secretary of state, and shall not be affixed to any instrument of writing, 
but by order of the* governor or general assembly ; and the general as- 
sembly shall, at their first session after the rising of this convention, 
zause the great seal to be altered by law. 

§ 14. The governor shall have power to appoint his own secretaries. 


ARTICLE 3. 


§ 1. The judicial powers of this state shall be vested in a superior 
court, and in such inferior jurisdictions as the legislature shall, from 
time to time, ordain and establish. The judges of the superior court 
shall be elected for the term of three years, removable by the governor, 
on the address of two-thirds of both houses for that purpose, or by im- 
peachment and conviction thereon. ‘The superior court shall have ex- 
clusive and final jurisdiction in all criminal cases whieh shall be tried in 
the county wherein the crime was committed, and in all cases respecting 
titles to land, which shall be tried in the county where the land lies ; 
and shall have power to correct errors in inferior judicatories by writs of 
certiorari, as well as errors in the superior courts, and to order new 
trials on proper and legal grounds ; Provided, that such new trials shall 
be determined, and such errors corrected, in the superior court of the 
county in which such action originated. And the said court shall also 
have appellative jurisdiction in such other cases as the legislature may 
by law direct, which shall in no case tend to remove the cause from the 
county in which the action originated ; and the judges thereof, in all. 
cases of application for new trials, or correction of error, shall enter 
their opinions on the minutes of the court. The inferior courts shall 
have cognizance of all other civil cases, which shall be tried in the county 
wherein the defendant resides, except in cases of joint obligers, re- 
siding in different counties, which may be commenced in either county : 
and a copy of the petition and process, served on the party or parties 
residing out of the county in which the suit may be commenced, shall 


222 CONSTITUTION OF 


be deemed sufficient service, under such rules and regulations as the 
legislature may direct; but the legislature may, by law, to which two- 
thirds of each branch shall concur, give concurrent jurisdiction to the 
superior courts. The superior and inferior courts shall sit in each 
county twice in every year, at such stated times as the legislature shall 
appoint. 

§ 2. The judges shall have salaries adequate to their services, estab- 
lished by law, which shall not be increased or diminished during their 
continuance in office; but shall not receive any other perquisites or 
emoluments whatever, from parties or others, on account of any duty 
required of them. 

§ 3. There shall be a state’s attorney and solicitors appointed by the 
legislature, and commissioned by the governor, who shall hold their 
offices for the.term of three years, unless removed by sentence on im- 
peachment, or by the governor, on the address of two-thirds of each 
branch of the general assembly. ‘They shall have salaries adequate to 
their services, established by law, which shall not be increased or dimi- 
nished during their continuance in office. 

§ 4, Justices of the inferior courts shall be appointed by the general 
assembly, and be commissioned by the governor, and shall hold their 
commissions during good behaviour, or as long as they respectively 
reside in the county for which they shall be appointed, unless removed 
by sentence on impeachment, or by the governor, on the address of 
two-thirds of each branch of the general assembly. ‘They may be com- 
pensated for their services in such manner as the legislature may by law 
direct. 

‘§ 5. The justices of the peace shall be nominated by the inferior 
courts of the several counties, and commissioned by the governor ; and 
there shall be two justices of the peace in each captain’s district, either 
or both of whom shall have power to try all cases of a civil nature within 
their district, where the debt or litigated demand does not exceed thirty 
dollars, in such manner as the legislature may by law direct. They 
shall hold their appointments during good behaviour, or until they shall 
be removed by conviction, on indictment in the superior court, for mal- 
practice in office, or for any felonious or infamous crime, or by the go- 
vernor, on the address of two-thirds of each branch of the legislature. 

§ 6. The powers of a court of ordinary, or register of probates, shall 
be invested in the inferior courts of each county, from whose decision 
there may be an appeal to the superior court, under such restrictions 
and regulations as the general assembly may by law direct; but the in- 
ferior court shall have power to vest the care of the records, and other 
proceedings therein, in the clerk, or such other person. as they may ap- 
point, and any one or more justices of the said court, with such clerk or 
other person, may issue citations and grant temporary letters, in time of 
vacation, to hold until the next meeting of the said court; and such 
clerk or other person may grant marriage licenses. 

§ 7. The judges of the superior courts, or any one of them, shall 
have’ power to issue writs of mandamus, prohibition, scire facias, and 
all other writs which may be necessary for carrying their powers fully 
into effect. 

§ 8. Within five years after the adoption of this constitution, the 
body of our laws, civil and criminal, shall be revised, digested, and ar- 


GEORGIA. 223 


ranged under proper heads, and promulgated in such manner as the 
legislature may direct; and no person shall be debarred from advocating 
or defending his cause, before any court or tribunal, either by himself 
or counsel, or both. 

§ 9. Divorces shall not be granted by the legislature, until the parties 
shall have had a fair trial before the superior court, and a verdict shall 
have been obtained, authorizing a divorce upon legal principles, And 
in such cases, two-thirds of each branch of the legislature may pass acts 
of divorce accordingly. 

§ 10. The clerks of the superior and inferior courts shall be appointed 
in such manner as the legislature may by law direct, shall be com- 
missioned by the governor, and shall continue in office during good be- 
haviour. 

§ 11. Sheriffs shall be appointed in such manner as the general as- 
sembly may by law direct, and shall hold their appointments for the 
term of two years, unless sooner removed by sentence on impeachment, 
or by the governor on the address of two-thirds of the justices of the 
inferior court and of the peace in the county ; but no person shall be 
twice elected sheriff within any term of four years; and no county offi- 
cer after the next election shall be chosen at the time of electing a sena- 
tor or representative. 


ARTICLE 4. 


§ 1. The electors of members of the general assembly shall be citi- 
zens and inhabitants of this state, and shall have attained the age of 
twenty-one years, and have paid all taxes which may have been required 
of them, and which they may have had an opportunity of paying, 
agreeably to law, for the year preceding the election, and shall have re- 
sided six months within the county: Provided, that, in case of an inva- 
sion, and the inhabitants shall be driven from any county, so as to pre- 
vent an election therein, such refugee inhabitants, being a majority of 
the voters of such county, may meet under the direction of any three 
justices of the peace thereof, in the nearest county, not in a state of 
alarm, and proceed to an election, without having paid such tax so re« 
quired of electors; and the persons elected thereat shall be entitled to 
their seats, 

§ 2, All elections by the general assembly shall be by joint ballot of 
both branches of the legislature; and when the senate and house of 
representatives unite for the purpose of electing, they shall meet in the 
representative chamber, and the president of the senate shall in such 
case preside, receive the ballots, and declare the person or persons 
elected. In all elections by the people, the electors shall vote viva voce, 
until the legislature shall otherwise direct. 

§ 3. The general officers of the militia shall be elected by the genera, 
assembly, and shall be commissioned by the governor. All other officers 
of the militia shall be elected in such manner as the legislature may di- 
rect, and shall be commissioned by the governor; and all militia officers 
now in commission, and those which may be hereafter commissioned, 
shall hold their commissions during their usual residence within the 
division, brigade, regiment, battalion, or company, to which they belong, 
unless removed by sentence of a court-martial, or by the governor, on 
the address of two-thirds of each branch of the general assembly. 


224 CONSTITUTION OF 


§ 4, All persons appointed by the legislature to fill vacancies shall 
continue in office only so long as to complete the time for which their 
predecessors were appointed. 

§ 5. Freedom of the press, and trial by jury, as heretofore used in 
this state, shall remain inviolate ; and no ex post facto law shall be 
passed, 

§ 6. No person who heretofore hath been, or hereafter may be, a col- 
lector, or holder of public moneys, shall be eligible to any office in this 
state, until such person shall have accounted for and paid into the trea- 
sury all sums for which he may be accountable or liable. 

§ 7. The person of a debtor, where there is not a strong presumption 
of fraud, shall not be detained in prison after delivering up, bona fide, 
all his estate, real and personal, for the use of his creditors, in such 
manner as shall be hereafter regulated by law. 

§ 8. Convictions on impeachments which have heretofore taken place, 
are hereby released, and persons lying under such convictions restored 
to citizenship. 

§ 9. The writ of habeas corpus shall not be suspended, unless when 
in case of rebellion or invasion the public safety may require it. 

§ 10. No person within this state shall, upon any pretence, be de- 
prived of the inestimable privilege of worshipping God in a manner 
agreeable to his own conscience, nor be compelled to attend any place 
of worship contrary to his own faith and judgment; nor shall he ever 
be obliged to pay tithes, taxes, or any other rate, for the building or re- 
pairing any place of worship, or for the maintenance of any minister or 
ministry, contrary to what he believes to be right, or hath voluntarily 
engaged to do. No one religious society shall ever be established in 
this state, in preference to any other; nor shall any person be denied 
the enjoyment of any civil right, merely on account of his religious 
principles. 

§ 11. There shall be no future importation of slaves into this state, 
from Africa or any foreign place, after the first day of October next. 
The legislature shall have no power to pass laws for the emancipation 
of slaves without the consent of each of their respective owners, pre- 
vious to such emancipation. They shall have no power to prevent 
emigrants from either of the United States to this state, from bringing 
with them such persons as may be deemed slaves by the laws of any 
one of the United States. . 

§ 12. Any person who shall maliciously dismember or deprive a slave 
of his life, shall suffer such punishment as would be inflicted in case the 
like offence had been committed on a free white person, and on the like 
proof, except in case of insurrection by such slave, and unless such 
death should happen by accident, in giving such slave moderate cor- 
rection. 

§ 13. The arts and sciences shall be promoted, in one or more semi- 
naries of learning ; and the legislature shall, as soon as conveniently 
may be, give such further donations and privileges to those already es- 
tablished, as may be necessary to secure the objects of their institution - 
and it shall be the duty of the general assembfy, at their next session, 
to provide effectual measures for the improvement and permanent secu- 
rity of the funds and endowments of such institutions. 

§ 14, All civil officers shall continue in the exercise of the duties of 


GEORGIA: 995 


their several offices, during the periods for which they were appointed, 
or until they shall be superseded by appointments made in conformity to 
this constitution : And all laws now in force shall continue to operate, 
so far as they are compatible with this constitution, until repealed ; and 
it shall be the duty of the general assembly to pass all necessary laws 
and regulations for carrying this constitution into full effect. 

§ 15. No part of this constitution shall be altered, unless a bill for that 
purpose, specifying the alterations intended to be made, shall have been 
read three times in the house of representatives, and three times in the 
senate, on three several days in each house, and agreed to by two-thirds 
of each house respectively ; and when any such bill shall be passed in 
manner aforesaid, the same shall be published at least six months previous 
to the next ensuing annual election for members of the general assem- 
bly ; and if such alterations, or any of them, so proposed, shall be agreed 
to in their first session thereafter, by two-thirds of each branch of the 
general assembly, after the same shall have been read three times, on 
three separate days, in each respective house, then, and not otherwise, 
the same shall become a part of this constitution. 


We, the underwritten delegates of the people of the state of Georgia, 
chosen and, authorized by them to revise, alter, or amend the powers 
and principles of their government, do declare, ordain, and ratify the 
several articles and sections contained in the six pages hereunto pre- 
fixed, as the constitution of this state; and the same shall be in ope- 
ration from the date hereof. 


In testimony, whereof, we, and each of us, respectively, have hereunto 
set our hands, at Louisville, the seat of government, this thirteenth 
day of May, in the year of our Lord, one thousand seven hundred and 
ninety-eight, and in the twenty-second year of the independence of 
the United States of America; and have caused the great seal of the 
state to be affixed thereto. 


Article 4th, section 11th, and the first line, the following words being 
interlined, to wit—“ after the first day of October next.” 


JARED IRWIN, President. 


Joseph Clay, jun. 
J.B. Maxwell, 
John Pray, 
Benjamin Davis, 
John Morrison, 
John Milton, 
James Bird, 
Andrew E. Wells, 
Charles M’Call, jun. 
James Seagrove, 
Thomas Stafford, 
James Jackson, 
James Jones, 
George Jones, 
James Simms, 


G. W. Foster, 
Jonas Fauche, 
James Nisbett, 
Chas. Abercrombee, 
Thomas Lamar, 
Matt. Rabun, 

Peter J. Carnes, 
William Fleming, 
R. D. Gray, 

George Wilson, 
James Pittman, 
Joseph Humphries, 
James Cochran, ~ 
James Powell, 
James Dunwody, 


226 CONSTITUTION OF 


Wa. Drane, Henry Ware, 
James M’Niel, - Gibson Woodbridge, 
John King, Jared Gore, 
John London, John H. M’Intosh, 
Thomas Polhill, James Gignilliat, 
William Barnett, Benjamin Harrison, 
R. Hunt, John Watts, 
Benjamin Mosely, John Jones, 
A. Franklin, John Lumpkin, 
Robert Walters, Thomas Duke, 
Thomas Gilbert, Burwell Pope, 
John Burnett, Robert Watkins, 
John Couper, Abraham Jones, 
Thomas Spalding, Lewis Lanier, 
James H. Rotherford, Arthur Fort, 
James Oliver, W. Sith, jun. 
John Watts, Matthew ‘Talbot, 

_ George Franklin, Jesse Mercer, 
John Lawson, Benjamin Taliaferro. 


Attest, Jamzs M. Simmons, Secretary. 


AMENDMENT 
TO THE CONSTITUTION OF GEORGIA. 


A recent amendment of the 4th and 5th sections of the 3d article of 
the constitution of Georgia provides, substantially, as follows: Five jus 
tices of the inferior court shall be elected, annually, by voters in each 
county, to preside in the inferior courts of the county ; and justices of the 
peace shall be elected, annually, by the voters in every militia captain’s 
district. 


CONSTITUTION OF KENTUCKY. 


The Constitution or form of government for the State of Kentucky. 


Ws, the representatives of the people of the state of Kentucky, in 
convention assembled, to secure to all the citizens thereof the enjoyment 
of the right of life, liberty, and property, and of pursuing happiness, do 
ordain and establish this constitution for its government : 


ARTICLE 1. 


Concerning the Legislative Department. 


§ 1. The powers of the government of the state of Kentucky shall be 
divided into three distinct departments, and each of them be confided to 


KENTUCKY. 227 


a separate body of magistracy, to wit : those which are legislative, to one ; 
those which are executive, to another ; and those which are judiciary, to 
another. 

2. No person or collection of persons, being one of those departments, 
shall exercise any power properly belonging to either of the others; ex- 
cept in the instances hereinafter expressly directed or permitted 


ARTICLE 2, 
Concerning the distribution of the powers of the Government. 


§ 1. The legislative power of this commonwealth shall be vested in 
two distinct branches ; the one to be styled the house of representatives, 
the other the senate, and both together, the general assembly of the 
commonwealth of Kentucky. 

2. The members of the house of representatives shall continue in ser- 
vice for the term of one year from the day of the commencement of the 
general election, and no longer. 

3. Representatives shall be chosen on the first Monday in the month 
of August in every year; but the presiding officers of the several elec- 
tions shall continue the same for three days, at the request of any one of 
the candidates. 

4, No person shall be a representative, who at the time of his election 
is not a citizen of the United States, and hath not attained to the age 
of twenty-four years, and resided in this state two years next pre- 
ceding his election, and the last year thereof in the county or town for 
which he may be chosen. 

5. Elections for representatives for the several counties entitled to 
representation, shall be held at the places of holding their respective 
courts, or in the several election precincts into which the legislature 
may think proper, from time to time, to divide any or all of those coun- 
ties: Provided, that when it shall appear to the legislature that any 
town hath a number of qualified voters equal to the ratio then fixed, 
such town shall be invested with the privilege of a separate representa- 
tion, which shall be retained so long as such town shall contain a num- 
ber of qualified voters equal to the ratio which may, from time, to time, be 
fixed by law, and thereafter elections, for the county in which such town 
is situated, shall not be held therein. 

6. Representation shall be equal and uniform in this commonwealth ; 
and shall be for ever regulated and ascertained by the number of quali- 
fied electors therein. In the year eighteen hundred and three, and 
every fourth year thereafter, an enumeration of all the free male in- 
habitants of the state, above twenty-one years of age, shall be made, in 
such manner as shall be directed by law. 'The number of representa- 
tives shall, in the several years of making these enumerations, be so 
fixed as not to be less than fifty-eight, nor more than one hundred, 
and they shall be apportioned for the four years next following, as near 
as may be, among the several counties and towns, in proportion to the 
number of qualified electors : but, when a county may not have a suf- 
ficient number of qualified electors to entitle it to’ one representative, 
and when the adjacent county or counties may not have a residuum or 
residuums, which, when added to the small county, would entitle it to a 
separate representation, it shall then be in the power of the legislature 


228 CONSTITUTION OF 


to join two or more together, for the purpose of sending a representa- 
tive: Provided, that when there are two or more counties adjoining, 
which have residuums over and above the ratio when fixed by law, if 
said residuums when added together will amount to such ratio, in that 
case one representative shall be added to that county having the largest 
residuum. j at 

7. The house of representatives shall choose its speaker and other 
officers. 

8. In all elections for representatives, every free male citizen (ne- 
groes, mulattoes, and Indians excepted) who, at the time being, hath 
attained to the age of twenty-one years, and resided in the state two 
years, or the county or town in which he offers to vote one year next pre- 
ceding the election, shall enjoy the right of an elector; but no person 
shall be entitled to vote, except in the county or town in which he may 
actually reside at the time of the election, except as is herein otherwise 
provided. Electors shall in all cases, except treason, felony, breach or 
surety of the peace, be privileged from arrest during their attendance at, 
going to, and returning from elections. r 

9. The members of the senate shall be chosen for the term of four 
years ; and when assembled shall have the power to choose its officers 
annually. 

10. At the first session of the general assembly after this constitu- 
tion takes effect, the senators shall be divided by lot, as equally as may 
be, into four classes: the seats of the senators of the first class shall 
be vacated at the expiration of the first year ; of the second class, at the 
expiration of the second year; of the third class, at the expiration of 
the third year ; and of the fourth class, at the expiration of the fourth 
year; so that one-fourth shall be chosen every year, and a rotation 
thereby kept up perpetually. 

11. The senate shall consist of twenty-four members at least, and for 
every three members above fifty-eight, which shall be added to the house 
of representatives, one member shall be added to the senate. 

12. The same number of senatorial districts shall, from time to time, 
be established by the legislature, as there may then be senators allotted 
to the state ; which shall be so formed as to contain, as near as may be, 
an equal number of free male inhabitants in each, above the age of 
twenty-one years, and so that no county shall be divided, or form more 
than one district ; and’ where two or more counties compose a district, 
they shall be adjoining. 

13. When an additional senator may be added to the senate, he shall 
be annexed by lot to one of the four classes, so as to keep them as nearly 
equal in number as possible. 

14. One senator for each district shall be elected by those qualified to 
vote for representatives therein, who shall give their votes at the several 
places in the counties or towns where elections are by law directed to be 
held. 

15. No person shall be a senator who, at the time of his election, is 
not a citizen of the United States, and who hath not attained to the age 
of thirty-five years, and resided in this state six years next preceding his 
election, and the Jast year thereof in the district from which he may be 
chosen. 

16. The first election for senators shall be general throughout the 


KENTUCKY. 229 


etate, and at the same time that the general election for representatives 
is held ; and thereafter there shall, in like mannér, be an annual election 
for senators, to fill the places of those whose time of service may have 
expired, 

17, The general assembly shall convene on the first Monday in the 
month of November in every year, unless a diflerent day be appointed 
by law ; and their session shall be held at the seat of government. 

18, Not less than a majority of the members of each house of the 
general assembly shall constitute a quorum to do business ; but a smalier 
number may adjourn from day to day, and shall be authorized by law to 
compel the attendance of absent members, in such manner, and under 
such penalties, as may be prescribed thereby. 

19, Each house of the general assembly shall judge of the qualifica- 
tions, elections, and returns of its members; but a contested election 
shall be determined in such manner as shall be directed by law. 

20. Each house of the general assembly may determine the rules of 
its proceedings; punish a member for disorderly behaviour; and, with 
the concurrence of two-thirds, expel a member, but not a second time 
for the same cause. 

21. Each house of the general assembly shall keep and publish, 
weekly, a journal of its proceedings ; and the yeas and nays of the mem- 
bers on any question shall, at the desire of any two of them, be entered 
on their journal. 

22. Neither house, during the session of the general assembly, shall, 

without the consent of the other, adjourn for more than three days, nor 
to any other place than that in which they may be sitting. 
_ 23. The members of the general assembly shall severally receive from 
the public treasury a compensation for their services, which shall be one 
dollar and a half a day, during their attendance on, going to, and return- 
ing from the session of their respective houses: Provided, that the same 
may be increased or diminished by law; but no alteration shall take 
effect during the session at which such alteration shall be made, 

24. The members of the general assembly shall, in all cases, except 
treason, felony, breach or surety of the peace, be privileged from arrest, 
during their attendance at the sessions of their respective houses, and in 
going to, and returning from the same; and for any speech or debate, in 
either house, they shall not be questioned in any other place. 

25. No senator or representative shall, during the term for which he 
was elected, nor for one year thereafter, be appointed or elected to any 
civil office of profit under this commonwealth, which shall have been 
created, or the emoluments of which shall have been increased, during 
the time such senator or representative was in office, except to such 
offices or appointments as may be made or filled by the elections of the 
people. 

26. No person, while he continues to exercise the functions of a 
clergyman, priest, or teacher of any religious persuasion, society, or sect ; 
nor whilst he holds or exercises any oflice of profit under this common- 
wealth, shall be eligible to the general assembly ; except attorneys at law, 
justices of the peace, and militia officers: Provided, that justices of the 
courts of quarter sessions shall be ineligible so long as any compensation 
may be allowed them for their 6 seers : Provided, also, that attorneys 


230 CONSTITUTION OF 


for the commonwealth, who receive a fixed annual salary from the public 
treasury, shall be ineligible. 

27. No person who at any time may have been a collector of taxes 
for the state, or the assistant or deputy of such collector, shall be eligible 
to the general assembly until he shall have obtained a quietus for the 
amount of such collection, and for all public moneys for which he may 
be responsible. 

28. No bill shall have the force of a law until on three several days it 
be read over in each house of the general assembly, and free discussion 
allowed thereon; unless, in cases of urgency, four-fifths of the house 
where the bill shall be depending, may deem it expedient to dispense 
with this rule. 

29. All bills for raising revenue shall originate in the house of repre- 
sentatives ; but the senate may propose amendments, as in other bills : 
Provided, that they shall not introduce any new matter, under the colour 
of an amendment, which does not relate to raising a revenue. 

30. The general assembly shall regulate, by law, by whom and in 
what manner writs of election shall be issued to fill the vacancies which 
mav happen in either branch thereof. 


ARTICLE 3, 
Concerning the Executive Department. 


§ 1. The supreme executive power of the commonwealth snall be 
vested in a chief magistrate, who shall be styled the governor of the com- 
monwealth of Kentucky. 

2. The governor shall be elected for the term of four years by the citi- 
zens entitled to suffrage at the time and places where they shali respec- 
tively vote for representatives. The person having the highest number 
of votes shall be governor; but if two or more shall be equal and highest 
in votes, the election shall be determined by lot, in such manner as the 
legislature may direct. 

3. The governor shall be ineligible for the succeeding seven years 
after the expiration of the time for which he shall have been elected. 

4. He shall be at least thirty-five years of age, and a citizen of the . 
United States, and have been an inhabitant of this state at least six years 
next preceding his election. 

5. He shall commence the execution of his office on the fourth Tues- 
day succeeding the day of the commencement of the general election on 
which he shall be chosen, and shall continue in the execution thereof 
until the end of four weeks next succeeding the election of his successor, 
and until his successor shall have taken the oaths or aflirmations pre- 
scribed by this constitution. 

6. No member of congress, or person holding any office under the 
United States, nor minister of any religious society, shall be eligible to 
the office of governor. 

7. The governor shall, at stated times, receive for his services a com 
pensation, which shall neither be increased nor diminished during the 
term for which he shall have been elected. 

8. He shall be commander-in-chief of the army and navy of this com- 
monwealth, and of the militia thereof, except when they shall be called 
into the service of the United States; but he shall not command per- 


. KENTUCKY. 231 


sonally in the field, unless he shall be advised so to do by a resolution 
of the general assembly. 

9. He shall nominate, and, by and with the advice and consent of the 
senate, appoint all officers whose offices are established by this constitu- 
tion or shall be established by law, and whose appointments are not 
herein otherwise provided for: Provided, that no person shall be so ap- 
pointed to an office within any county, who shall not have been a citi- 
zen and inhabitant therein one year next before his appointment, if the 
county shall have been so long erected ; but if it shall not have been so 
long erected, then within the limits of the county or counties from which 
it shall have been taken: Provided, also, that the county courts be au- 
thorized by law to appoint inspectors, collectors, and their deputies, sur- 
veyors of the high-ways, constables, jailers, and such other inferior 
officers, whose jurisdiction may be confined within the limits of a 
county. 

10. The governor shall have power to fill up vacancies that may hap- 
pen during the recess of the senate, by granting commissions, which 
shall expire at the end of the next session. 

11. He shall have power to remit fines and forfeitures, grant reprieves 
and pardons, except in cases of impeachment. In cases of treason, he 
shall have power to grant reprieves until the end of the next session of 
the general assembly ; in which the power of pardoning shall be vested. 

12. He may require information in writing from the officers in the 
executive department, upon any subject relating to the duties of their re- 
spective offices. . 

13. He shall from time to time give to the general assembly informa- 
tion of the state of the commonwealth, and recommend to their con- 
sideration such measures as he shall deem expedient. 

14, He may on extraordinary occasions convene the general assembly 
at the seat of government, or at a different place, if that should have be- 
come, since their last adjournment, dangerous from an enemy, or from 
zontagious disorders; and in case of disagreement between the two 
houses, with respect to the time of adjournment, adjourn them to such 
time as he shall think proper, not exceeding four months. 

15. He shall take care that the laws be faithfully executed. 

16. A lieutenant-governor shall be chosen at every election for a go- 
vernor, in the same manner, continue in office for the same time, and 
possess the same qualifications. - In voting for governor and lieutenant- 
governor, the electors shall distinguish whom they vote for as governor, 
and whom as lieutenant-governor. 

17. He shall, by virtue of his office, be speaker of the senate, have a 
right, when in committee of the whole, to debate and vote on all sub- 
jects ; and, when the senate are equally divided, to give the casting vote. 

18. In case of the impeachment of the governor, his removal from 
office, death, refusal to qualify, resignation, or absence from the state, the 
lieutenant-governor shall exercise all the power and authority appertain- 
ing to the office of governor, until another be duly qualified, or the go- 
vernor absent or impeached shall return or be acquitted. 

19, Whenever the government shall be administered by the lieute- 
nant-governor, or he shall be unable to attend as speaker of the senate, 
the senators shall elect one of their own members as speaker, for that 


232 CONSTITUTION OF 


occasion. And if, during the vacancy of the office of governor, the 
lieutenant-governor shall be impeached, removed from office, refuse to 
qualify, resign, die, or be absent from the state, the speaker of the 
senate shall, in like manner, administer the government. 

20. The lieutenant-governor, while he acts as speaker to the senate, 
shall receive for his services the same compensation which shall for 
the same period be allowed to the speaker of the house of representa- 
tives, and no more; and during the time he administers the govern- 
ment as governor, shall receive the same compensation which the 
governor would have received and been entitled to had he been em- 
ployed in the duties of his office. 

21. The speaker pro tempore of the senate, during the time he ad- 
ministers the government, shall receive in like manner the same com- 
pensation which the governor would have received had he been em- 
ployed in the duties of his office. 

22. If the lieutenant-governor shall be called upon to administer the 
government, and shall, while in such administration, resign, die, or be 
absent from the state during the recess of the general assembly, it shall 
be the duty of the secretary, for the time being, to convene the senate 
for the purpose of choosing a speaker. 

23. An attorney-general, and such other attorneys for the common- 
wealth as may be necessary, shall. be appointed, whose duty shall be 
regulated by law. Attorneys for the commonwealth, for the several 
counties, shall be appointed by the respective courts having jurisdiction 
therein. 

24. A secretary shall be appointed and commissioned during the term 
. for which the governor shall have been elected, if he shall so long behave 
himself well. He shall keep a fair register, and attest all the official acts 
and proceedings of the governor, and shall, when required, lay the same, 
and all papers, minutes, and vouchers, relative thereto, before either 
house of the general assembly, and shall perform such other duties as 
may be enjoined him by law. 

25. Every bill which shall have passed both houses shall be presented 
to the governor: if he approve, he shall sign it, but if not, he shall re- 
turn it with his objections, to the house in which it shall have originated, 
who shall enter the objections at large upon the journal, and proceed 
to reconsider it; if, after such reconsideration, a majority of all the 
members elected to that house shall agree to pass the bill, it shall be 
sent, with the objections, to the other house, by which it shall be like- 
wise considered, and if approved by a majority of all the members elect- 
ed to that house, it shall be a law; but in such cases the votes of both 
houses shall be determined by yeas and nays, and the persons voting for 
and against the bill shall be entered on the journal of each house re- 
spectively ; if any bill shall not be returned by the governor, within ten days 
(Sundays excepted) after it shall have been presented to him, it shall be a 
Jaw in like manner as if he had signed it, unless the general assembly by 
their adjournment prevent its return; in which case it shall be a law, 
unless sent back within three days after their next meeting. 

26. Every order, resolution, or vote, to which the concurrence of both 
houses may be necessary, except on a question of adjournment, shall be 
presented to the governor, and before it shall take effect, be approved by 


» 


* 
_— 


KENTUCKY. - 233 


nim; or, being disapproved, shall be repassed, by a majority of all the 
members elected to both houses, according to the rules and limitations 
prescribed in case of a bill. 

27. Contested elections for a governor and lieutenant-governor shall 
be determined by a committee to be selected from both houses of the 
general assembly, and formed and regulated in such manner as shall] be 
directed by law. 

28. The freemen of this commonwealth (negroes, mulattoes, and In- 
dians excepted) shall be armed and disciplined for its defence. Those 
who conscientiously scruple to bear arms shall not be compelled to do so, 
but shall pay an equivalent for personal service. 

29. The commanding officers of the respective regiments, shall ap- 
point the regimental staff; brigadier-generals their brigade-majors ; ma- 
jor-generals, their uids; and captains, the non-commissioned officers of 
companies. 

30. A majority of the field-officers and captains in each regiment shall 
nominate the commissioned officers in each company, who shall be 
commissioned by the governor: Provided, that no nomination shall be 
made, unless two at least of the field-officers are present; and when 
two or more persons have an equal and the highest number of votes, | 
the field-officer present, who may be highest in commission, shall decide 
the nomination. 

31. Sheriffs shall hereafter be appointed in the following manner: 
when time of a sheriff for any county may be about to expire, the 
county court for the same, a majority of all its justices being present, 
shall, in the months of September, October, or November, next pre- 
ceding thereto, recommend to the governor two proper persons to fill the 
office, who are then justices of the county court; and who shall in such 
recommendation pay a just regard to seniority in office and a regular ro- 
tation. One of the persons so recommended shall be commissioned by 
the governor, and shall hold his office for two years, if he so long be- 
have well, and until a successor be duly qualified. If the county courts 
shall omit, in the months aforesaid, to make such recommendation, the 
governor shall then nominate, and by and with the advice and consent 
of the senate, appoint a fit person to fill such office. 


ARTICLE 4, 
Concerning the Judicial Department. 


§ 1. The judiciary power of this commonwealth, both as to matters 
of law and equity, shall be vested in one supreme court, which shall be 
styled the court of appeals, and in such inferior courts as the general 
assembly may from time to time erect and establish. 

2. The court of appeals, except in cases. otherwise directed by this 
constitution, shall have appellate jurisdiction only ; which shall be co- 
extensive with the state, under such restrictions and regulations, not re- 
pugnant to this constitution, as may from time to time be prescribed by 
law. | 

3. The judges, both of the supreme and inferior courts, shall hold 
their offices during good behaviour ; but for any reasonable cause which 
shall not be sufficient ground of impeachment, the governor shall re- 


move any of them on the asidaoge of two-thirds of each house of the 
U 


234 CONSTITUTION OF 


general assembly: Provided, however, that the cause or causes for 
which such removal may be required, shall be stated at length in such 
address, and on the journal of each house. They shall at stated times 
receive for their services an adequate compensation to be fixed by law. 

4, The judges shall, by virtue of their office, be conservators of the 
peace throughout the state. The style of all process shall be, “ the 
commonwealth of Kentucky.” All prosecutions shall be carried on in 
the name and by the authority of the commonwealth of Kentucky, and 
conclude, against the peace and dignity of the same. 

5. There shall be established in each county, now, or which may here- 
after be erected, within this commonwealth, a county court. 

6. A competent number of justices of the peace shall be appointed in 
each county ; they shall be commissioned during good behaviour, but 
may be removed on conviction of misbehaviour in office, or of any in- 
famous crime, or on the address of two-thirds of each house of the 
general assembly: Provided, however, that the cause or causes for 
which such removal may be required, shall be stated at length in such 
address, on the journal of each house. 

7. The number of the justices of the peace to which the several coun- 
ties in this commonwealth now established, or which may hereafter 
be established, ought to be entitled, shall, from time to time, be regu- 
lated by law. 

8. When a surveyor, coroner, or justice of the peace shall be needed 
in any county, the county court for the same, a majority of all its jus- 
tices concurring therein, shall recommend to the governor two proper 
persons to fill the office, one of whom he shall appoint thereto: Pro- 
vided, however, that if the county court shall for twelve months omit 
to make such recommendation, after being requested by the governor 
to recommend proper persons, he shall then nominate, and, by and 
with the advice and consent of the senate, appoint a fit person to fill such 
office. 

9, When a new county shall be erected, a competent number of jus- 
tices of the peace, a sheriff, and coroner therefor, shall be recommended 
to the governor by a majority of all the members of the house of repre- 
sentatives, from the senatorial district or districts in which the county is 
situated; and if either of the persons thus recommended shall be re- 
jected by the governor or the senate, another person shall immediately 
be recommended as aforesaid. 

10. Each court shall appoint its own clerk, who shall hold his office 
during good behaviour ; but no person shall be appointed clerk, only pro 
‘tempore, who shall not produce to the court appointing him, a certificate 
from a majority of the judges of the court of appeals that he had been 
examined by their clerk in their presence, and under their direction, and 
that they judge him to be well qualified to execute the office of clerk of 
any court of the same dignity with that for which he offers himself 
They shall be removable for breach of good behaviour, by the court of 
appeal only, who shall be judges of the fact as well as of the law. ‘T'wo- 
thirds of the members present must concur in the sentence. 

11. All commissions shall be in the name, and by the authority of the 
state of Kentucky, and sealed with the state seal, and signed ly the go- 
vernor. 

12. The state treasurer, and printer or printers, for the common 


KENTUCKY. 235 


wealth, shall be appointed annually by the joint vote of both houses of 
the general assembly: Provided, that, during the recess of the same, 
the governor shall have power to fill vacancies which may happen in 
either of the said oflices. 


ARTICLE 5. 


Concerning Impeachments. 


§ 1. The house of representatives shall have the sole power of im- 
peaching. | 

2. All impeachments shall be tried by the senate; when sitting for 
that purpose, the senators shall be upon oath or affirmation: no per- 
son shall be convicted without the concurrence of two-thirds of the mem- 
bers present. 

3. The governor and all civil officers shall be liable to impeachment 
for any misdemeanour in office ; but judgment, in such cases, shall not 
extend further than to removal from office, and disqualification to hold 
any office of honour, trust, or profit, under this commonwealth ; but the 
party convicted shall nevertheless be liable and subject to indictment, 
trial, and punishment, according to law. 


ARTICLE 6, 
General Provisions. 


§ 1. Members of the general assembly and all officers, executive and 
judicial, before they enter upon the execution of their respective offices, 
shall take the following oath or affirmation : “I do solemnly swear, (or 
affirm, as the case may be,) that I will be faithful and true to the com- 
monwealth of Kentucky, so long as I continue a citizen thereof, and that 
I will faithfully execute, to the best of my abilities, the office of 
according to law.’’ 

2. Treason against the commonwealth shall consist only in levying 
war against it, or in adhering to its enemies, giving them aid and com- 
fort. No person shall be convicted of treason, unless on the testimony 
of two witnesses to the same overt act, or his own confession in open 
court. 

3. Every person shall be disqualified from serving as a governor, 
lieutenant-governor, senator, or representative, for the term for which he 
shall have been elected, who shall be convicted of having given or offered 
any bribe or treat to procure his election. 

4. Laws shall be made to exclude from office, and from suffrage, those 
who shall thereafter be convicted of bribery, perjury, forgery, or other 
high crimes or misdemeanours. 'The privilege of free suffrage shall be 
supported by laws regulating elections, and prohibiting, under adequate 
penalties, all undue influence thereon, from power, bribery, tumult, or 
other improper practices. 

5. No money shall be drawn from the treasury, but in pursuance of 
appropriations made by law, nor shall any appropriations of money, for 
the support of an army, be made for a longer time than one year ; and 
a regular statement and account of the receipts and expenditures of all 
public money shall be vublished annually. 


’ 


236 CONSTITUTION OF 


6. The general assembly shall direct by law in what manner, and in 
what courts, suits may be brought against the commonwealth. 

7. The manner of administering an oath or affirmation shall be 
such as is most consistent with the conscience of the deponent, and 
shall be esteemed by the general assembly the most solemn appeal to 
God. 

8. All laws which, on the first day of June, one thousand seven hundred 
and ninety-two, were in force in the state of Virginia, and which are of 
a general nature, and not local to that state, and not repugnant to this 
constitution, nor to the laws which have been enacted by the legislature 
of this commonwealth, shall be in force within this state, until they 
shall be altered or repealed by the general assembly. 

9. The compact with the state of Virginia, subject to such alterations 
as may be made therein, agreeably to the mode prescribed by the said 
compact, shall be considered as part of this constitution. 

10. It shall be the duty of the general assembly to pass such laws 
as may be necessary and proper to decide differences by arbitrators, to 
be appointed by the parties who may choose that summary mode of 
adjustment. | 

11. All civil officers for the commonwealth at large shall reside within 
the state, and all district, county, or town officers, within their respec- 
tive districts, counties, or towns, (trustees of towns excepted,) and shall 
keep their respective offices at such places therein as may be required 
by law; and all militia officers shall reside in the bounds of the divi- 
sion, brigade, regiment, battalion, or company, to which they may seve- 
rally belong. 

12. The attorney-general, and other attorneys for this commonwealth, 
who receive a fixed annual salary from the public treasury, judges, and 
clerks of courts, justices of the peace, surveyors of lands, and all com- 
missioned militia officers, shall hold their respective offices during good 
behaviour, and the continuance of their respective courts, under the 
exceptions contained in this constitution. 

13. Absence on the business of this state, or the United States, shall 
not forfeit a residence once obtained, so as to deprive any one of the 
right of suffrage, or of being elected or appointed to any office under 
this commonwealth, under the exceptions contained in this constitu- 
tion. 

14, It shall be the duty of the general assembly to regulate by law, 
in what cases and what deduction from the salaries of public officers 
shall be made for neglect of duty in their official capacity. 

15. Returns of all elections for governor, lieutenant-governor, and 
members of the general assembly, shall be made to the secretary, for the 
time being. 

16. In all elections by the people, and also by the senate and house 
of representatives, jointly or separately, the votes shall be personally 
and publicly given, viva voce. 

17. No member of congress, nor person holding or exercising any 
office of trust, or profit, under the United States, or either of them, or 
under any foreign power, shall be eligible as a member of the general 
assembly of this commonwealth, or hold or exercise any office of trust, 
or profit, under the same. 

18, The general assembly shall direct by law how persons who now 


KENTUCKY. 237 


ure, or may hereafter become, securities for public officers, may be 1e- 
lieved or discharged on account of such securityship. 


ARTICLE 7. 


Concerning Slaves. 


§ 1. The general assembly shall have no power to pass laws for the 
emanvipation of slaves without the consent of their owners, or without 
paying their owners, previous to such emancipation, a full equivalent in 
money for the slaves so emancipated. ‘They shall have no power to 
prevent emigrants to this state from bringing with them such persons as 
are deemed slaves by the laws of any of the United States, so long as 
any person of the same age or description shall be continued in slavery 
by the laws of this state. ‘They shall pass laws to permit the owners 
of slaves to emancipate them, saving the rights of creditors, and pre- 
venting them from becoming a charge to any county in this common- 
wealth. They shall have full power to prevent slaves being brought 
into this state as merchandise. They shall have full power to prevent 
any slaves being brought into this state, who have been, since the first 
day of January, one thousand seven hundred and eighty-nine, or may 
hereafter be, imported into any of the United States, from a foreign 
country. And they shall have full power to pass such laws as may be. 
necessary to oblige the owners of slaves to treat them with humanity, to 
provide for them necessary clothing and provision, to abstain from all 
injuries to them extending to life, or limb, and in case of their neglect 
or refusal to comply with the directions of such laws, to have such slave 
or slaves sold for the benefit of their owner or owners. 

2. In the prosecution of slaves for felony, no inquest by a grand jury 
shall be necessary, but the proceedings in such prosecutions shall be 
regulated by law: except that the general assembly shall have no 
power to deprive them of the privilege of an impartial trial by a petit 
jury. 


ARTICLE 8, 


§ 1. The seat of government shall continue in the town of Frankfort, 
until it shall be removed by law: Provided, however, that two-thirds of 
all the members elected to each house of the general assembly shall 
concur in the passage of such law. 


ARTICLE 9. 


Mode of Revising the Constitution. 


§ 1. When experience shall point out the necessity of amending this 
constitution, and when a majority of all the members elected to each 
house of the general assembly shall, within the first twenty days of their | 
stated annual session, concur in passing a law, specifying the alterations 
intended to be made, for taking the sense of the good people of this 
state, as to the necessity and expediency of calling a convention, it shall 
be the duty of the several sheriffs, and other returning officers, at the 
next general election which shall be held for representatives after the 
passage of such law, to open a poll for, and make return to the secretary, 
for the time being, of the names of all those entitled to vote for repre- 
sentatives, who have voted for calling a convention ; and if thereupon. 


238 CONSTITUTION OF 


it shall appear that a majority of all the citizens of this state entitled to 
vote for representatives have voted for a convention, the general assem- 
bly shall direct that a similar poll shall be opened and taken for the next 
year; and if thereupon it shall appear that a majority of all the citizens 
of this state entitled to vote for representatives have voted for a conven- 
tion, the general assembly shall, at their next session, call a convention, 
to consist of as many members as there shall be in the house of repre- 
sentatives, and no more ; to be chosen in the same manner and propor 
tion, at the same places, and at the same time, that representatives are, 
by citizens entitled to vote for representatives ; and to meet within three 
months after the said election, for the purpose of re-adopting, amending, 
or changing this constitution. But if it shall appear, by the vote of 
either year, as aforesaid, that a majority of all the citizens entitled to 
vote for representatives did not vote for a convention, a convention shall 
not be called. 


ARTICLE 10. 


That the general, great, and essential principles of liberty and free 
government may be recognised and established, we declare : 

§ 1. That all free men, when they form a social compact, are equal ; 
and that no man or set of men are entitled to exclusive, separate, public 
emoluments or privileges, from the community, but in consideration of 
public services. 

2. That all power is inherent in the people, and all free governments 
are founded on their authority, and instituted for their peace, safety, and 
happiness: For the advancement of these ends, they have at all times 
an unalienable and indefeasible right to alter, reform, or abolish their 
government, in such manner as they may think proper. 

3. That all men have a natural and indefeasible right to worship Al- 
mighty God, according to the dictates of their own consciences ; that no 
man shall be compelled to attend, erect, or support any place of worship, 
or to maintain any ministry against his consent; that no human authority 
ought, in any case whatever, to control or interfere with the rights of 
conscience ; and that no preference shall ever be given by law to any 
religious societies or modes of worship. 

4, 'That the civil rights, privileges, or capacities of any citizen shall 
in no wise be diminished or enlarged on account of his religion. 

5. That all elections shall be free and equal. 

6. That the ancient mode of trial by jury shall be held sacred, and 
the right thereof remain inviolate. 

7. That printing presses shall be free to every person who undertakes 
to examine the proceedings of the legislature or any branch of govern- 
ment; and no law shall ever be made to restrain the right thereof. The 
free communication of thoughts and opinions is one of the invaluable 
rights of man, and every citizen may freely speak, write, and print, on 
any subject, being responsible for the abuse of that liberty. 

- 8. In prosecutions for the publication of papers investigating the 
official conduct of officers, or men in a public capacity, or where the 
matter published is proper for public information, the truth thereof may 
be given in evidence. And in all indictments for libels, the jury shall 
have a right to determine the law and the facts, under the direction of 
the court, asin other cases. 


KENTUCKY. 239 


9, That the people shall be secure in their persons, houses, papers, 
and possessions, from unreasonable seizures and searches; and that no 
warrant to search any place or to seize any person or thing, shall issue 
without describing them as nearly as may be, nor without probable cause, 
supported by oath or affirmation. 

10. That in all criminal prosecutions, the accused hath a right to 
be heard by himself and counsel: to demand the nature and cause of 
the accusation against him: to meet the witnesses face to face: to have 
compulsory process for obtaining witnesses in his favour ; and, in prose- 
cutions by indictment or information, a speedy public trial, by an im- 
partial jury of the vicinage; that he cannot be compelled to give evi- 
dence against himself, nor can he be deprived of his life, liberty, or 
property, unless by the judgment of his peers, or the law of the land. 

11, ‘That no person shall, for any indictable offence, be proceeded 
against criminally by information, except in cases arising in the land or 
naval forces, or the militia, when in actual service, in‘¢ime of war or 
public danger, by leave of the court, for oppression or misdemeanour in 
office. 

12. No person shall, for the same offence, be twice put in jeopardy of 
his life or limb, nor shall any man’s property be taken or applied to pub- 
lic use without the consent of his representatives, and without justcom- 
pensation being previously made to him. 

13. That all courts shall be open, and every person for any injury 
done him in his lands, goods, person, or reputation, shall have remedy 
by the due course of law; and right and justice administered without 
sale, denial, or delay. 

14. That no power of suspending laws shall be exercised, unless by 
the legislature or its authority. 

15. That excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel punishments inflicted. 

16. That all prisoners shall be bailable by sufficient securities, unless 
for capital offences, when the proof is evident, or presumption great ; and 
the privilege of the writ of habeas corpus shall not be suspended, unless 
when in cases of rebellion or invasion the public safety may require it. 

17. That the person of a debtor, where there is not strong presump- 
tion of fraud, shall not be continued in prison after delivering up his 
estate for the benefit of his creditors, in such manner as shall be pre- 
scribed by law. 

18. That no ex post facto law, nor any law impairing contracts, shall 
be made. 

19, That no person shall be attainted of treason or felony by the legis- 
lature. 

20. That no attainder shall work corruption of blood, nor, except 
during the life of the offender, forfeiture of estate to the comufotinnendth 

21. That the estates of such persons as shall destroy their own lives, 
shall descend or vest as in case of natural death ; and if any person shall 
be killed by casualty, there shall be no forfeiture by reason thereof. 

22, That the citizens have a right in a peaceable manner to assemble 
together for their common good, and to apply to those invested with the 
powers of government for redress of grievances or other proper purposes, 
by petition, address, or remonstrance. 


240 CONSTITUTION OF 


23. That the rights of the citizens to bear arms in defence of theme 
selves and the state shall not be questioned. 

24. That no standing army shall, in time of. peace, be kept up, with- 
out the consent of the legislature ;,and the military shall, in all cases and 
at all times, be in strict subordination to the civil power. 

25. That no soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a manner 
to be prescribed by law. 

26. That the legislature shall not grant any title of nobility or here- 
ditary distinction, nor create any office, the appointment to which shall 
be for a longer term than during good behaviour. 

27. That emigration from this state shall not be prohibited. 

28. To guard against transgressions of the high powers which we 
have delegated, we declare, that every thing in this article is excepted 
out of the general powers of government, and shall for ever remain in- 
violate ; and that all laws contrary thereto, or contrary to this constitu- 
tion, shall be void. 


SCHEDULE. 


That no inconvenience may arise from the alterations and amend- 
ments made in the constitution of this commonwealth, and in order to 
carry the same into complete operation, it is hereby declared and or- 
dained : 

§ 1. That all laws of this commonwealth, in force at the time of 
making the said alterations and amendments, and not inconsistent there- 
with, and all rights, actions, prosecutions, claims, and contracts, as well 
of individuals as of bodies corporate, shall continue as if the said altera- 
tions and amendments had not been made. 

2. That all officers now filling any office or appointment, shall con- 
tinue in the exercise of the duties of their respective offices or appoint- 
ments for the terms therein expressed, unless by — constitution it is 
otherwise directed. 

3. The oaths of office herein directed to be eakion: may be adminis- 
tered by any justice of the peace, until the legislature shall otherwise di- 
rect. 

4, The general assembly, to be held in November next, shall appor- 
tion the representatives and senators, and lay off the state into senato- 
rial districts conformable to the regulations prescribed by this constitu- 
tion. In fixing those apportionments, and in establishing those districts, 
they shall take for their guide the enumeration directed by law to be 
made in the present year, by the commissioners of the tax, and the ap- 
portionments thus made shall remain unaltered until the end of the 
stated annual session of the general assembly in the year eighteen hun- 
dred and three. 

5. In order that no inconvenience may arise from the change made 
by this constitution in the time of holding the general election, it is 
hereby ordained that the first election for governor, lieutenant-governor, 
and members of the general assembly, shall commence on the first Mon- 
day in May, in the year eighteen hundred. ‘The persons then elected 
shall continue in office during the several terms of service prescribed by 
this constitution, and until the next general election which shall be held 


KENTUCKY. 241 


after their said terms shall have respectively expired. The returns for 
the said first election of governor and lieutenant-governor shall be made 
to the secretary, within fifteen days from the day of election, who shall, 
as soon as may be, examine and count the same, in the presence of at 
least two judges of the court of appeals, or district courts, and shall de- 
clare who are the persons thereby duly elected, and give them official 
notice of their election ; and if any person shall be equal and highest on 
the poll, the said judges and secretary shall determine the election by lot. 

6. This constitution, except so much thereof as is therein otherwise 
directed, shall not be in force until the first day of June, in the year 
eighteen hundred; on which day the whole thereof shall take full and 
complete effect. 


Done in convention, at Frankfort, the seventeenth day of August, one 
thousand seven hundred and ninety-nine, and of the indepen- 
dence of the United States of America the twenty-fourth. 


ALEXANDER 8, BULLIT, P. C. 


John Allen, 

- Charles Smith, 
Robert Wilmot, 
James Duncan, 
William Griffith, 
Nathaniel Rogers, 
William Sudduth, 
John Ewing, 

John Breckenridge 
John M’Dowell, 
John Bell, 

H. Harrison, 

B. Thurston, 
Walter Carr, 
Harry Innis, 

John Logan, 
George Stockton, 
William M. Bledsoe, 
William Casey, 
Henry Coleman, 
William Elliot Boswell, 
Richard Taylor, 
John Price, 
William Logan, 
N. Huston, 

John Bailey, 
Reuben Ewing, 


Philemon Thomas, 
_ Philip Buckner, 
Thomas Sandford, 
Robert Clark, 
R. Hickman, 
Thomas Marshal, Jr. 
Joshua Baker, 
Peter Brunner, 
John Adair, 
Thomas Allen, 
Samuel Taylor, 
Green Clay, 
Thomas Clay, 
William Irvine, 
Jilson Payne, 
John Rowan, 
Richard Prather, 
Nicholas Minor, 
Benjamin Logan, 
Abraham Owen, 
William Henry, 
Robert Johnson, 
Caleb Wallace, 
William Steel, 
Felix Grundy, 
Robert Abell, 
Alexander Davidson, 


x 


242 CONSTITUTION OF 


CONSTITUTION OF TENNESSEE. 


Wuereas the people of the territory of the United States, south of 
the river Ohio, having the right of admission into the general government 
as a member state thereof, consistent with the constitution of the United 
States, and the act of cession of the state of North Carolina, recognising 
the ordinance for the government of the territory of the United States, 
north-west of the river Ohio, by their delegates and representatives in 
convention assembled, did, on the sixth day of February, in the year of 
our Lord one thousand seven hundred and ninety-six, ordain and es- 
tablish a constitution or form of government; and mutually agreed with 
each other to form themselves into a free and independent state, by the 
name of “The State of Tennessee ;” and whereas the general assembly 
of said state of Tennessee, (pursuant to the third section of the tenth 
article of the constitution,) by an act passed on the twenty-seventh day 
of November, in the year of our Lord one thousand eight hundred and 
thirty-three, entitled “An act to provide for the calling of a convention,” 
did authorize and provide for the election, by the people, of delegates 
and representatives, to meet at Nashville, in Davidson county, on the 
third Monday in May, in the year of our Lord one thousand eight hun- 
dred and thirty-four, “for the purpose of revising, and amending (or 
changing) the constitution ;” we, therefore, the delegates and represen- 
tatives of the people of the state of ‘Tennessee, elected and in conven- 
tion assembled, in pursuance of the said act of assembly, have ordained 
and established the following amended constitution and form of govern- 
ment for this state, which we recommend to the people of ‘Tennessee 
for their ratification ; that is to say: 


ARTICLE 1. 
Declaration of Rights. 


§ 1. That all power is inherent in the people, and all free governments 
are founded on their authority, and instituted for their peace, safety, and 
happiness ; for the advancement of those ends, they have, at all times, 
an unalienable and indefeasible right to alter, reform or abolish the 
government in such manner as they may think proper. 

2. That government being instituted for the common benefit, the doc- 
trine of nonresistance against arbitrary power and oppression, is absurd, 
slavish and destructive to the good and happiness of mankind. 

3. That all men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own conscience ; that 
no man can, of right, be compelled to attend, erect, or support any place 
of worship, or to maintain any minister against his consent; that no 
human authority can, in any case whatever, control or interfere with the 
rights of conscience ; and that no preference shall ever be given, by law, 
to any religious establishment or mode of worship. 

4. That no religious test shall ever be required as a qualification to 
any office or public trust under this state. 


TENNESSEE. . 243 


5. That elections shall be free and equal. 

6. That the right of trial by jury shall remain inviolate. 

7. That the people shall be secure in their persons, houses, papers, and 
possessions, from unreasonable searches and seizures; and that general 
warrants, whereby an officer may be commanded to search suspected 
places, without evidence of the fact committed, or to seize any person or 
persons not named, whose offences are not particularly described and 
supported by evidence, are dangerous to liberty, and ought not to be 
granted. 

8. That no free man shall be taken or imprisoned, or disseized of his 
freehold, liberties, or privileges, or outlawed, or exiled, or in any manner 
destroyed or deprived of his life, liberty, or property, but by the judgment 
of his peers, or the law of the land. ; 

9. That in all criminal prosecutions, the accused hath a right to be 
heard by himself and his counsel; to demand the nature and cause of 
the accusation against him, and to have a copy thereof; to meet the 
witnesses face to face; to have compulsory process for obtaining wit- 
nesses in his favour; and in prosecutions by indictment or presentment, 
a speedy public trial, by an impartial jury of the county or district in 
which the crime shall have been committed ; and shall not be compelled 
to give evidence against himself. 

10: That no person shall, for the same offence, be twice put in jeo- 
pardy of life or limb. 

1]. That laws made for the punishment of facts committed previous 
to the existence of such laws, and by them only declared criminal, are 
contrary to the principles of a free government; wherefore no ex post 
facto law shall be made. 

12. That no conviction shall work corruption of blood or forfeiture 
of estate. The estate of such persons as shall destroy their own lives 
shall descend or vest as in case of natural death. If any person be 
killed by casualty, there shall be no forfeiture in consequence thereof. 

13. That no person arrested or confined in jail, shall be treated with 
unnecessary rigour. 

14. That no freeman shall be put to answer any criminal charge but 
by presentment, indictment, or impeachment. 

15. That all prisoners shall be bailable by sufficient sureties, unless 
for capital offences when the proof is evident or the presumption great. 
And the privilege of the writ of habeas corpus shall not be suspended, 
unless when in case of rebellion or invasion the public safety may 
require it. 

16. That excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

17. That all courts shall be open; and every man, for an injury done 
him in his lands, goods, person, or reputation, shall have remedy by due 
course of law, and right and justice administered without sale, denial, 
or delay. Suits may be brought against the state in such manner, and 
in such courts, as the legislature may by law direct. 

18. That the person of a debtor, where there is not strong presump- 
tion of fraud, shall not be continued in prison after delivering up his 
estate for the benefit of his creditor or creditors, in such manner as shall 
be prescribed by law. 

19, That the printing presses shall be free to every person who un- 


244 CONSTITUTION OF 


dertakes to examine the proceedings of the legislature, or of any branch 
or officer of government ; and no law shall ever be made to restrain the 
right thereof. The free communication of thoughts and opinions is one 
of the invaluable rights of man, and every citizen may freely speak, 
write, and print on any subject, being responsible for the abuse of that 
liberty. But in prosecutions for the publication of papers investigating 
the official conduct of officers or men in public capacity, the truth 
thereof may be given in evidence; and in all indictments for libels, the 
jury shall have a right to determine the law and the facts, under the 
direction of the court, as in other criminal cases. 

20. That no retrospective law, or law impairing the obligation of con- 
tracts, shall be made. 

21. That no man’s particular services shall be demanded, or property 
taken, or applied to public use, without the consent of his representatives, 
or without just compensation being made therefor. 

22. That perpetuities and monopolies are contrary to the genius of a 
free state, and shall not be allowed. 

23. That the citizens have a right, in a peaceable manner, to assemble 
together, for their common good, to instruct their representatives, and to 
apply to those invested with the powers of government for redress of 
grievances or other proper purposes, by address or remonstrance. 

24, That the sure and certain defence of a free people is a well re- 
gulated militia: and, as standing armies in time of peace are dangerous 
to freedom, they ought to be avoided, as far as the circumstances and 
safety of the community will admit; and that in all cases the military 
shall be kept in strict subordination to the civil authority. 

25. That no citizen of this state, except such as are employed in the 
army of the United States, or militia in actual service, shall be subjected 
to corporeal punishment under the martial law. 

26. That the free white men of this state have a right to keep and 
to bear arms for their common defence. 

27. That no soldier shall, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of war, but in a manner 
prescribed by law. 

28. That no citizen of this state shall be compelled to bear arms, 
provided he will pay an equivalent, to be ascertained by law. 

29. ‘That an equal participation of the free navigation of the Missis- 
sippi, is one of the inherent rights of the citizens of this state: it cannot, 
therefore, be conceded to any prince, potentate, power, person or persons 
whatever. 

30. That no hereditary emoluments, privileges, or honours skall ever 
be granted or conferred in this state. 

31. That the limits and boundaries of this state be ascertained, it is 
declared they are as hereafter mentioned, that is to say: Beginning on 
the extreme height of the Stone mountain, at the place where the line 
of Virginia intersects it, in latitude thirty-six degrees and thirty minutes 
north ; running thence along the extreme height of the said mountain 
to the place where Watauga river breaks through it; thence a direct 
course to the top of the Yellow mountain, where Bright’s road crosses 
the same; thence along the ridge of said mountain. between the waters 
of Doe river and the waters of Rock creek, to the place where the road 
crosses the Iron mountain; from thence along the extreme height of 


TENNESSEE. 245 


said mountain, to the place wheré“Nolichucky mver runs through the 
. same; thence to the top of the Bald mountain; thence along the ex- 
treme height of said mountain, to the Painted Rock, on French Broad 
river; thence along the highest ridge of said mountain, to the place 
where it is called the Great Iron or Smoky mountain; thence along the 
extreme height of said mountain, to the place where it is called Unicoi 
or Unaka mountain, between the Indian towns of Cowee and Old Chota ; 
thence along the main ridge of the said mountain, to the southern boun- 
dary of this state, as described in the act of cession of North Carolina 
to the United States of America: and that all the territory, lands, and 
waters lying west of the said line, as before mentioned, and contained 
within the chartered limits of the state of North Carolina, are within the 
boundaries and limits of this state, over which the people have the 
right of exercising sovereignty and the right of soil, so far as is con- 
sistent with the constitution of the United States, recognising the arti- 
cles of confederation, the bill of rights, and constitution of North Caro- 
lina, the cession act of the said state, and the ordinance of congress for 
the government of the territory north-west of the Ohio: provided, 
nothing herein contained shall extend to affect the claim or claims of 
individuals, to any part of the soil which is recognised to them by the 
aforesaid cession act: and provided also, that the limits and jurisdiction 
of this state shall extend to any other land and territory now acquired, 
or that may hereafter be acquired by compact or agreement with other 
states or otherwise, although such land and territory are not included 
within the boundaries herein before designated. 

32. The people residing south of French Broad and Holston between 
the rivers T'ennessee and Big Pigeon, are entitled to the right of pre- 
emption and occupancy in that tract. 


ARTICLE 2, 


§ 1. The powers of the government shall be divided into three dis- 
tinct departments; the legislative, executive, and judicial. 

2. No person or persons belonging to one of these departments shall 
exercise any of the powers properly belonging to either of the others, 
except in the cases herein directed or permitted. 

3. The legislative authority of this state shall be vested in a general 
assembly, which shall consist of a senate and house of representatives, 
both dependent on the people. 

4. An enumeration of the qualified voters and an apportionment of 
the representatives in the general assembly, shall be made in the year 
one thousand eight hundred and forty-one, and within every subsequent 
term of ten years. 

5. The number of representatives shall, at the several periods of 
making the enumeration, be apportioned among the several counties or 
districts according to the number of qualified voters in each ; and shall 
not exceed seventy-five, until the population of the state shall be one 
million and a half; and shall never thereafter exceed ninety-nine ; pro- 
vided, that any county having two-thirds of the ratio, shall be entitled 
to one member. 

6. The number of senators shall, at the several periods of making 
the enumeration, be apportioned among the several counties or districts, 
eccording to the number of qualified electors in each, and shall not 

x2 


’ 


246 CONSTITUTION OF 


exceed one-third the number of representatives. In apportioning the 


senators among the different counties, the fraction that may be lost by _ 


any county or counties, in the apportionment of members to the house 
of representatives, shall be made up to such county or counties in the 
senate as near as may be practicable. When a district is composed of 
two or more counties, they shall be adjoining ; and no county shall be 
divided in forming a district. 

7. The first election for senators and representatives shall be held on 
the first Thursday in August, one thousand eight hundred and thirty- 
five ; and for ever thereafter, elections for members of the general assem- 
bly shall be held once in two years, on the first Thursday in August; 
said elections shall terminate the same day. 

8. The first session of the general assembly shall commence on the 
first Monday in October, one thousand eight hundred and thirty-five ; 
and for ever thereafter, the general assembly shall meet on the first Monday 
in October next ensuing the election. 

9. No person shall be a representative, unless he shall be a citizen of 
the United States of the age of twenty-one years, and shall have been a 
citizen of this state for three years, anda resident in the county he 
represents one year immediately preceding the election. 

10. No person shall be a senator unless he shall be a citizen of the 
United States, of the age of thirty years, and shall have resided three 
years in this state, and one year in the county or district, immediately 
preceding the election. No senator or representative shall, during the 
time for which he was elected, be eligible to any office or place of trust, 
the appointment to which is vested in the executive or the general 
assembly, except to the office of trustee of a literary institution. 

11. The senate and house of representatives, when assembled, shall 
each choose a speaker and its other officers, be judges of the qualifica- 
tions and election of its members, and sit upon its own adjournments 
from day to day. Two-thirds of each house shall constitute a quorum 
to do business; but a smaller number may adjourn from day to day, 
and may be authorized by law to compel the attendance of absent 
members. 

12, Each house may determine the rules of its proceedings, punish 
its members for disorderly behaviour, and, with the concurrence of two- 
thirds, expel a member, but not a second time for the same offence ; and 
shall have all other powers necessary for a branch of the legislature of a 
free state. 

13. Senators and representatives shall in all cases, except treason, 
felony, or breach of the peace, be privileged from arrest during the ses- 
sion of the general assembly, and in going to and returning from the 
same ; and, for any speech or debate in either house, they shall not be 
questioned in any other place. 

14. Each house may punish by imprisonment, during its session, any 
person not a member, who shall be guilty of disrespect to the house, by 
any disorderly or contemptuous behaviour in its presence. 

15, When vacancies happen in either house, the governor for the time 
being shall issue writs of election to fill such vacancies. 

16. Neither house shall, during its session, adjourn without consent 
of the other for more than three days, nor to any other place than that 
in which the two houses shall be sitting. ~ 


TENNESSEE. Q47 


17. Bills may originate in either house, but may be amended, altered, 
or rejected, by the other. 

18. Every bill shall be read once on three different days, and be passed 
each time in the house where it originated, before transmission to the 
other. No bill shall become a law, until it shall be read and passed on 
three different days in each house, and be signed by the respective 
speakers. ; 

19. After a bill has been rejected, no bill containing the same substance 
shall be passed into a law during the same session. 

20. The style of the laws of this state shall be, “ Be ct enacted by 
the General Assembly of the State of Tennessee.” 

21. Each house shall keep a journal of its proceedings, and publish it, 
except such parts.as the welfare of the state may require to be kept 
secret; the ayes and noes shall be taken in each house upon the final 
passage of every bill of a general character, and bills making appropria- 
tions of public moneys; and the ayes and noes of the members on any 
question shall, at the request of any two of them, be entered on the 
journal. 

22. The doors of each house and of committees of the whole shall be 
kept open, unless when the business shall be such as ought to be kept 
secret. 

23. The sum of four dollars per day, and four dollars for every 
twenty-five miles travelling to and from the seat of government, shall be 
allowed to the members of the first general assembly, as a compensation 
for their services. 'The compensation of the members of the succeeding 
legislatures shall be ascertained by law ; but no law increasing the com- 
pensation of the members shall take effect until the commencement of 
the next regular session after such law shall have been enacted. 

24. No money shall be drawn from the treasury, but in consequence 
of appropriations made by law: and an accurate statement of the re- 
ceipts and expenditures of the public:money, shall be attached to and 
published with the laws at the rise of each stated session of the general 
assembly, 

25. No person, who heretofore hath been, or may hereafter be, a col- 
lector or holder of public moneys, shall have a seat in either house of the 
general assembly, until such person shall have accounted for and paid 
into the treasury, all sums for which he may be accountable or liable. 

26. No judge of any court of law or equity, secretary of state, attorney- 
general, register, clerk of any court of record, or person holding any office 
under the authority of the United States, shall have a seat in the general 
assembly; nor shall any person in this state hold more than one 
lucrative office at the same time: Provided, that no appointment in the 
militia, or to the office of justice of the peace, shall be considered a lu- 
* erative office, or operate as a disqualification to a seat in either house of 
the general assembly. 

27. Any member of either house of the general assembly shall have 
liberty to dissent from, and protest against, any act or resolve which he 
may think injurious to the public or to any individual, and to have the 
reasons for his dissent entered on the journals. 

28. All lands liable to taxation, held by deed, grant, or entry, town 
lots, bank stock, slaves between the ages of twelve and fifty years, and 
such other property as the legislature may from time to time deem 


248 CONSTITUTION OF 


expedient, shall be taxable. All property shall be taxed according to its 
value; that value to be ascertained in such manner as the legislature 
shall direct, so that the same shall be equal and uniform throughout the 
state. No one species of property from which a tax may be collected 
shall be taxed higher than any other species of property of equal value. 
But the legislature shall have power to tax merchants, pedlers, and 
privileges, in such manner as they may, from time to time, direct. A 
tax on white polls shall be !aid, in such manner and of such an amount, 
as may be prescribed by law. 

29. The general assembly shall have power to authorize the several 
counties and incorporated towns in this state, to impose taxes for county 
and corporation purposes respectively, in such manner as shall be pre- 
scribed by law ; and all property shall be taxed according to its value, 
upon the principles established in regard to state taxation. 

30. No article manufactured of the produce of this state shall be 
taxed otherwise than to pay inspection fees. 

31. The general assembly shall have no power to pass laws for the 
emancipation of slaves, without the consent of their owner or owners. 


ARTICLE 3. 


§ 1. The supreme executive power of this state shall be vested in a 
governor. 

2. The governor shall be chosen by the electors of the members of the 
general assembly, at the times and places where they shall respectively 
vote for the members thereof. The returns of every election for 
governor shall be sealed up, and transmitted to the seat of government, 
by the returning officers, directed to the speaker of the senate, who shall 
open and publish them in the presence of a majority of the members of 
each house of the general assembly. The person having the highest 
number of votes shall be governor; but if two or more shall be equal, 
and highest in votes, one of them/shall be chosen governor by joint vote 
of both houses of the general assembly. Contested elections for governor 
shall be determined by both houses of the general assembly, in such 
manner as shall be prescribed by law. 

3. He shall be at least thirty years of age, shall be a citizen of the 
United States, and shall have been a citizen of this state seven years 
next before his election. 

4, The governor shall hold his office for two years, and until his suc- 
cessor shall be elected and qualified. He shall not be eligible more than 
six years in any term of eight. 

5. He shall be commander-in-chief of the army and navy of this state, 
and of the militia, except when they shall be called ito the service of 
the United States. 

6. He shall have power to grant reprieves and pardons, after conviction, 
except in cases of impeachment. 

7. He shall, at stated times, receive a compensation for his services, 
which shall not be increased or diminished during the period for which 
he shall have been elected. 

8. He may require information in writing, from the officers in the 
executive department, upon any subject relating to the duties of their 
respective offices. 

9. He may, on extraordinary occasions, convene the general assembly 


TENNESSEE. 249 


by proclamation ; and shall state to them, when assembled, the purposes 
for which they shall have been convened; but they shall enter on no 
legislative business, except that for which they were specially called 
together. ‘ 

10. He shall take care that the laws be faithfully executed. 

11. He shall, from time to time, give to the general assembly infor- 
mation of the state of the government, and recommend to their consi 
deration such measures as he shall judge expedient. 

12. In case of the removal of the governor from office, or of his death, 
or resignation, the powers and duties of the office shall devolve on the 
sptaker of the senate; and in case of the death, removal from office, or 
resignation of the speaker of the senate, the powers and duties of the 
office shall devolve on the speaker of the house of representatives. 

13. No member of congress, or person holding any office under the 
United States, or this state, shall execute the office of governor. 

14, When any officer, the right of whose appointment is by this 
constitution vested in the general assembly, shall, during the recess, die, 
or the office, by the expiration of the term, or by other means, become 
vacant, the governor shall have the power to fill such vacancy, by grant- 
ing a temporary commission, which shall expire at the end of the next 
session of the legislature. 

15, There shall be a seal of this state, which shall be kept by the 
governor, and used by him officially, and shall be called the Great Seal 
of the State of Tennessee. 

16. All grants and commissions shall be in the name and by the 
authority of the state of Tennessee, be sealed with the state seal, and 
signed by the governor. 

17. A secretary of state shall be appointed by joint vote of the 
general assembly, and commissioned during the term of four years: he 
shall keep a fair register of all the official acts and proceedings of the 
governor; and shall, when required, lay the same, and all papers, mi- 
nutes, and vouchers relative thereto, before the general assembly: and 
shall perform such other duties as shall be enjoined by law. 


ARTICLE 4, 


§ 1. Every free white man of the age of twenty-one years, being a 
citizen of the United States, and a citizen of the county wherein he may 
offer his vote six months next preceding the day of election, shall be 
entitled to vote for members of the general assembly, and other civil 
officers, for the county or district in which he resides: provided, that no 
person shall be disqualified from voting in any election on account of 
colour, who is now, by the laws of this state, a competent witness in a 
court of justice against a white man. All free men of colour shall be 
exempt from military duty in time of peace, and also from paying a free 
poll tax. 

2. Laws may be passed excluding from the right of suffrage, persons 
who may be convicted of infamous crimes. 

3. Electors shall in all cases, except treason, felony, or breach of the 
peace, be privileged from arrest or summons during their attendance at 
elections, and in going to and returning from them. 

4, In all elections to be mace by the general assembly, the members 


250 CONSTITUTION OF 


thereof shall vote viva voce ; and their votes shall be entered on the 
journal. All other elections shall be by ballot. 


ARTICLE 5. 


§ 1. The house of representatives shall have the sole power of im- 
peachment. 

2. Ail impeachments shall be tried by the senate ; when sitting for 
that purpose, the senators shall be upon oath or affirmation. No person 
shall be convicted without the concurrence of two-thirds of the senators 
ne to try the officer impeached. 

. The house of representatives shall elect, from their own body, 
ti members, whose duty it shall be to prosecute impeachments. No 
impeachment shall be tried until the legislature shall have adjourned 
sine die, when the senate shall proceed to try such impeachment. 

4. The governor, judges of the supreme court, judges of inferior 

courts, chancellors, attorneys for the state, and secretary of state, shall 
be liable to impeachment, whenever they may, in the opinion of the 
house of representatives, commit any crime in their official capacity, 
which may require disqualification ; but judgment shall only extend to 
removal from office, and disqualification to fill any office thereafter. 
The party shall, nevertheless, be liable to indictment, trial, judgment, 
and punishment, according to law. 
“ 5. Justices of the peace, and other civil officers, not hereinbefore 
mentioned, for crimes or misdemeanors in office, shall be liable to in- 
dictment in such courts as the legislature may direct; and upon con- 
viction, shall be removed from office, by said court, as if found guilty on 
impeachment; and shall be subject to such other punishment as may be 
prescribed by law. 


ARTICLE 6. 


§ 1. The judicial power of this state shall be vested in one supreme 
court, in such inferior courts as the legislature shall from time to time 
ordain and establish, and the judges thereof and in justices of the peace. 
The legislature may also vest such jurisdiction as may be deemed neces- 
sary in corporation courts. 

2. The supreme court shall be composed of three judges, one of whom 
shall reside in each of the grand divisions of the state; the concurrence 
of two of said judges shall in every case be necessary to a decision. 
The jurisdiction of this court shall be appellate only, under such re- 
strictions and regulations as may from time to time be prescribed by law; 
but it may possess such other jurisdiction as is now conferred by law on 
the present supreme court. Said courts shall be held at one place, and 
at one place only, in each of the three grand divisions in the state. 

3. The general assembly shall, by joint vote of both houses, appoint 
judges of the several courts of law and equity; but courts may be 
established to be holden by justices of the peace. Judges of the supreme 
court shall be thirty-five years of age, and shall be elected for the term 
of twelve years. 

4, The judges of such inferior courts as the legislature may establish, 
shall be thirty years of age, and shall be elected for the term of eri 

Batt, 
“ . The legislature shall elect attorneys for the state, by joint vote of 


TENNESSEE. 251 


both houses of the general assembly, who shall hold their offices for the 
term of six years. In all cases where an attorney for any district fails 
or refuses to attend, and prosecute according to law, the court shall have 
power to appoint an attorney pro tempore. 

6. Judges and attorneys for the state, may be removed from office by 
a concurrent vote of both houses of the general assembly, each house 
voting separately ; but two-thirds of all the members elected to each | 
house must concur in such vote: the vote shall be determined by ayes 
and noes, and the names of the members voting for or against the judge 
or attorney for the state, together with the cause or causes of removal, 
shall be entered on the journals of each house respectively. The judge 
or attorney for the state, against whom the legislature may be about to 
proceed, shall receive notice thereof, accompanied with a copy of the 
causes alleged for his removal, at least ten days before the day on which 
either house of the general assembly shall act thereupon. 

7. The judges of the supreme and inferior courts, shall, at stated 
times, receive a compensation for their services, to be cbcektnicied by law, 
which shall not be increased or diminished, during the time for which 
they are elected. They shall not be allowed any fees or perquisites of 
office, nor hold any other office of trust or profit under this state or the 
United States. 

8. The jurisdiction of such inferior courts, as the legislature may from 
time to time establish, shall be regulated by law. 

9, Judges shall not charge juries with respect to matters of fact, but 
may state the testimony and declare the law. 

10. The judges or justices of such inferior courts of law as the legis- 
lature may establish, shall have power, in all civil cases, to issue writs 
of certiorari to remove any cause or transcript thereof, from any inferior 
jurisdiction, into said court on sufficient cause supported by oath or affir- 
mation. 

11. No judge of the supreme or inferior courts, shall preside on the 
trial of any cause,in the event of which he may be interested, or where 
either of the parties shall be connected with him by affinity or consan- 
guinity, within such degrees as may be prescribed by law, or in which he 
may have been of counsel, or in which he may have presided in any 
inferior court, except by consent of all the parties. In case all or any 
of. the judges of the supreme court, shall be thus disqualified from pre- 
siding on the trial of any cause or causes, the court, or the judges thereof, 
shall certify the same to the governor of the state, and he shall forthwith 
specially commission the requisite number of men of law knowledge, 
for the trial and determination thereof. In, case of sickness of any of 
the judges of the supreme or inferior courts, so that they or any of them 
are unable to attend, the legislature shall be authorized to make pro- 
vision by the general laws, that special judges may be appointed to attend 
said courts. 

12. All writs and other process shall run in the name of the state of 
Tennessee; and bear test, and be signed by the respective clerks. In- 
dictments shall conclude, “aguinst the peace and dignity of the state.” 

18. Judges of the supreme court shall appoint their clerks, who shall 
hold their offices for the period of six years. Chancellors (if courts of 
chancery shall be established) shall appoint their clerks and masters, who 
shall hold their offices for the period of six years. Clerks of such infe- 


252 CONSTITUTION OF 


rior courts as may be hereafter established, which shall be required to be 
holden in the respective counties of this state, shall be elected by the 
qualified voters thereof, for the term of four years; they sha!l be re 
moved from office for malfeasance, incompeteney or neglect of duty, in 
such manner as may be prescribed by law. 

14. No fine shall be laid on any citizen of this state, that shall exceed 
fifty dollars; unless it shall be assessed by a jury of his peers, who shall 
assess the fine at the time they find the fact, if they think tke fine should 
be more than fifty dollars. ‘ 

15. The different counties in this state shali be laid off as the general 
assembly may direct, into districts of convenient size, so that the whole 
number in each county shall not be more than twenty-five, or four for 
every one hundred square miles. ‘There shall be two justices of the 
peace and one constable elected in each district, by the qualified voters 
therein, except districts including county towns, which shall elect three 
justices and two constables. The jurisdiction of said officers shall be 
co-extensivé with the county. Justices of the peace shall be elected for 
the term of six, and constables for the term of two years. Upon the 
removal of either of said officers from the district in which he was 
elected, his office shall become vacant from the time of such removal. 
Justices of the peace shall be commissioned by the governor. The le- 
gislature shall have power to provide for the appointment of. an addi- 
tional number of justices of the peace in incorporated towns, 


ARTICLE 7. 


§ 1. There shall be elected in each county, by the qualified voters 


therein, one sheriff, one trustee, and one register; the sheriff and trustee’ 


for two years, and the register for four years: provided, that no person 
shall be eligible to the office of sheriff more than six years in any term 
of eight years. ‘There shall be elected for each county, by the justices 
of the peace, one coroner and one ranger, who shall hold their offices for 
two years. Said officers shall be removed for malfeasance, or neglect 
of duty, in such manner as may be prescribed by law. 

2. Should a vacancy occur, subsequent to an election, in the office of 
sheriff, trustee, or register, it shall be filled by the justices; if in that of 
the clerks to be elected by the people, it shall be filled by the courts; 
and the persen so appointed shall continue in office until his successor 
shall be elected and qualified; and such office shall be filled by the 
qualified voters at the first election for any of the county officers. 

3. There shall be a treasurer or treasurers appointed for the state, by 


the joint vote of both houses of the general assembly, who shall hold his - 


or their offices for two years. 

4. The election of all officers, and the filling of all vacancies that may 
happen, by, death, resignation, or removal, not otherwise directed or pro- 
vided for by this constitution, shall be made in such manner as the 
legislature shall direct. ; 

5. The legislature shall provide, that the election of the county and 
other officers by the people, shall not take place at the same time that 
the general elections are held for members of congress, members of the 
legislature, and governor. ‘The elections shall commence and terminate 
on the same day. 


TENNESSEE. 253 


© 


ARTICLE 8. 


§ 1. All militia officers shall be elected by persons subject to military 
duty, within the bounds of their several companies, battalions, regiments, 
brigades and divisions, under such rules and regulations as the legisla- 
ture may, from time to time, direct and establish. 

2. The governor shall appoint the adjutant-general and his other staff 
officers ; the majors-general, brigadiers-general and commanding officers 
of regiments, shall respectively appoint their staff-officers. 

3. The legislature shall pass laws, exempting citizens belonging to any 
sect or denomination of religion, the tenets of which are known to be 
opposed to the bearing of arms, from attending private and general 
musters, 

ARTICLE 9, 


§ I. Whereas, ministers of the gospel are, by their profession, dedi- 
cated to God and the care of souls, and ought not to be diverted from 
the great duties of their functions; therefore, no minister of the gospel 
or priest of any denomination whatever, shall be eligible to a seat in 
either house of the legislature. 

2. No person who denies the being of a God, or a future state of 
rewards and punishments, shall hold any office in the civil department 
of this state. 

3. Any person who shall, after the adoption of this constitution, fight 
a duel, or knowingly be the bearer of a challenge to fight a duel, or send 
or accept a challenge for that purpose, or be an aider or abettor in fight- 
ing a duel, shall be deprived of the right to hold any office of honour or 
profit in this state, and shall be punished otherwise, in such manner as 
the legislature may prescribe. 


ARTICLE 10. 


§ 1. Every person who shall be chosen or appointed to any office of 
trust or profit, under this constitution, or any law made in pursuance 
thereof, shall, before entering on the duties thereof, take an oath to sup- 
port the constitution of this state, and of the United States, and an 
oath of office. 

2. Each member of the senate and house of representatives shail, 
before they proceed to business, take an oath or affirmation, to support 
the constitution of this state, and of the United States, and also the 
following oath : “I,————, do solemnly swear, (or affirm,) that, as a 
member of this general assembly, I will, in all appointments, vote without 
favour, affection, partiality, or prejudice ; and that I will not propose or 
assent to any bill, vote or resolution, which shall appear to me injurious 
to the people, or consent to any act or thing whatever, that shall have a 
tendency to lessen or abridge their rights and privileges, as declared by 
the coristitution of this state.” 

3. Any elector who shall receive any gift or reward for his vote, in 
meat, drink, money, or otherwise, shall suffer such punishment as the 
laws shall direct. And any person who shall directly or indirectly give, 
promise, or bestow any such reward to be elected, shall thereby be 
rendered incapable, for six years, to serve in the office for which he was 
elected, and be subject to such fuither punishment as the legislature 
shall direct. ¥ 


254 CONSTITUTION OF 


4. New counties may be established by the legislature, to consist of 
not less than three hundred and fifty square miles, and which shall 
contai: a population of four hundred and fifty qualified voters. No line 
of such county shall approach the court-house of any old county from 
which it may be taken, nearer than twelve miles. No part of a county 
shall be taken to form a new county ora part thereof, without the consent 
of a majority of the qualified voters in such part taken off. And in all 
cases where an old county may be reduced for the purpose of forming a 
new one, the seat of justice in said old county shall not be removed 
without the concurrence of two-thirds of both branches of the legisla- 
ture, nor shall said old county be reduced to less than six hundred and 
twenty“five square miles : provided, however, that the county of Bedford 
may be reduced to four hundred and seventy-five square miles ; and there 
shall not be laid off more than one new county on the west, and one on 
the east, adjoining the county of the dividing line; a majority of the 
qualified voters of said county voting in favour of said division: the 
counties of Carter, Rhea, and Humphreys shall not be divided into more 
than two counties each; nor shall more than one new county be taken 
out of the territory now composing the counties of Tipton and Dyer ; nor 
shall the seats of justice in the counties of Rhea, Carter, Tipton, 
and Dyer be removed, without the concurrence of two-thirds of both 
branches of the legislature. The county of Sullivan may be reduced 
below the contents of six hundred and twenty-five square miles, but the 
line of any new county which may hereafter be laid off shall not approach 
the county seat of said county nearer than ten miles. The counties of 
Marion and Bledsoe shall not be reduced below one thousand qualified 
voters each, in forming a new county or counties. 

5. The citizens who may be included in any new county, shall vote 
with the county or counties from which they may have been stricken 
off, for members of congress, for governor and for members of the 
general assembly, until the next apportionment of members to the general 
assembly after the establishment of such new county. 


ARTICLE ILI. 


§ 1. All laws and ordinances now in force and use in this state, not 
inconsistent with this constitution, shall continue in force and use until 
they shall expire, be altered or repealed by the legislature. 

3, Nothing contained in this constitution shall impair the validity of 
any debts or contracts, or affect any rights of property, or any suits, 
actions, rights of action, or other proceedings in courts of justice. 

3. Any amendment or amendments to this constitution may be pro- 
posed in the senate or house of representatives ; and if the same shall 
be agreed to by a majority of all the members elected to each of the two 
houses, such proposed amendment or amendments shall be entered on 
their journals, with the yeas and nays thereon, and referred to the general 
assembly then next to be chosen: and shall be published for six months 
previous to the time of making such choice. And if in the general 
assembly next chosen as aforesaid, such proposed amendment or amend- 
ments shall be agreed to by two-thirds of all the members elected to each 
house, then it shall be the duty of the general assembly to submit such 
proposed amendment or amendments to the people, in such manner, and 
at such timo, as the general assembly shall prescribe. And if the-people 


TENNESSEE. 258 


shall approve and ratify such amendment or amendments, by a majority 
of all the citizens of the state voting for representatives, voting in their 
favour, such amendment or amendments shall become part of this con- 
stitution. When any amendment or amendments to the constitution 
shall be proposed in pursuance of the foregoing provisions, the same 
shall at each of the said sessions be read three times on three several days 
in each house. The legislature shall not propose amendments to the 
constitution oftener than once in six years. 

4, The legislature shall have no power to grant divorces, but may 
authorize the courts of justice to grant them for such causes as may be 
specified by law: provided, that such laws be general and uniform in 
their operation throughout the state. 

5. The legislature shall have no power to authorize lotteries for any 
purpose, and shall pass laws to prohibit the sale of lottery tickets in this 
state. 

6. The legislature shall fix the rate of interest; and the rate so 
established shall be equal and uniform throughout the state. 

7. The legislature shall have no power to suspend any general law 
for the benefit of any particular individual, nor to pass any law for the 
benefit of individuals inconsistent with the general laws of the land; nor to 
pass any law granting to any individual or individuals, rights, privileges, 
immunities, or exemptions, other than such as may be, by the same law, 
extended to any member of the community, who may be able to bring 
himself within the provisions of such law: provided always, the legis- 
lature shall have power to grant such charters of corporation as they may 
deem expedient for the public good. 

8. The legislature shall have the right to vest such powers in the 
courts of justice, with regard to private and local affairs, as may be 
deemed expedient. 

9. A well regulated system of internal improvement is calculated to 
develope the resources of the state, and promote the happiness and 
prosperity of her citizens; therefore it ought to be encouraged by the 
general assembly. 

10. Knowledge, learning, and virtue, being essential to the preserva- 
tion of republican institutions, and the diffusion of the opportunities and 
advantages of education throughout the different portions of the state, 
being highly conducive to the promotion of this end ; it shall be the duty 
of the general assembly in all future periods of this government, to cherish 
literature and science. And the fund called the common school fund, 
and all the lands and proceeds thereof, dividends, stocks, and other 
property of every description whatever, heretofore by law appropriated 
by the general assembly of this state for the use of common schools, and 
all such as shall hereafter be appropriated, shall remain a perpetual fund, 
the principal of which shall never be diminished by legislative appro- 
priation, and the interest thereof shall be inviolably appropriated to the 
support and encouragement of common schools throughout the state, and 
for the equal benefit of all the people thereof; and no law shall be made 
authorizing said fund, or any part thereof, to be diverted to any other 
use than the support and encouragement of common schools: and it 
shall be the duty of the general assembly, to appoint a board of com- 
missioners, for such term of time as they may think proper, who shall 
have the general superintendence of said fund, and who shall make a 


256 - CONSTITUTION OF 


repert of the condition of the same, from time to time, under such rules, 
regulations, and restrictions as may be required by law; provided, that 
if at any time hereafter a division of the public lands of the United 
eStates, or of the money arising from the sales of such lands, shall be 
made among the individual states, the part of such lands, or money 
coming to this state, shall be devoted to the purposes of education and 
internal improvement; and shall never be applied to any other purpose. 

11. The above provisions shall not be construed to prevent the legis- 
lature from carrying into effect any laws that have been passed in favour 
of the colleges, universities, or academies, or from authorizing heirs or 
distributees to receive and enjoy escheated property, under such rules 
and regulations as from time to time may be prescribed by law. 

12. ‘The declaration of rights hereto prefixed, is declared to be a part 
of the constitution of this state, and shall never be violated on any pre- 
tence whatever. And to guard against transgression of the high powers 
we have delegated, we declare that every thing in the bill of rights con- 
tained, is excepted out of the general powers of government, and shall 
for ever remain inviolate. 


SCHEDULE. 


§ 1. That no inconvenience may arise from a change of the consti- 
tution, it is declared, that all officers, civil and military, shall continue to . 
hold their offices; and all the functions appertaining to the same shall 
be exercised and performed according to the existing laws and consti- 
tution, until the end of the first session of the general assembly, which 
shall sit under this constitution, and until the government can be reor- 
ganized and put into operation under this constitution, in such manner 
as the first general assembly aforesaid shall prescribe, and no longer. 

2. The general assembly which shall sit after the first apportionment 
of representation under the new constitution, to wit: in the year one 
thousand eight hundred and forty-three, shall, within the first week after 
the commencement of the session, designate and fix the seat of govern- 
ment; and when so fixed, it shall not be removed, except by the consent 
of two-thirds of the members of both houses of the general assembly. 
The first and second sessions of the general assembly under this consti- 
tution shall be held in Nashville. 

3. Until a land office shall be opened, so as to enable the citizens 
south and west of the congressional reservation line, to obtain titles upon 
their claims of occupancy, those who hold lands by virtue of such claims, 
shall be eligible to serve in all capacities where a freehold is, by the laws 
of the state, made a requisite qualification. 


Done in convention at Nashville, this thirtieth day of August, one 
thousand eight hundred and thirty-four, and of the independence 
of the United States of America the fifty-ninth. 

In testimony whereof, we have hereunto subscribed our names. 


WILLIAM B. CARTER, President. 


Robert Allen, Robert M. Burton, 
Hugh C. Armstrong, Willie Blount, 
Adam R. Alexander, Maclin Cross, 


Richard Bradshaw, Newton Cannon, 


TENNESSEE. 257 


William Ledbetter, Joseph A. Mabry, 
Williain H. Loving, John M‘Gaughey, 
Abraham McClellan, John Montgomery, 
Robert J. McKinney, George W. L. Marr, 
William G. Childress, John Neil, 

Terry H. Cahal, Richard Nelson, 
Robert L. Cobbs, Thomas C. Porter, 
Richard Cheatham, John Purdy, 

Burchett Douglass, William C. Roadman, 
Francis B. Fogg, George W. Richardson, 
Gray Garrett, Henry Ridley, 

James Gillespy, Julius C. N. Robertson, 
Bolling Gordon, Matthew Stephenson, 
James Gray, William T. Senter, 
Callaway Hodges, James W. Smith, 
Isaac Hill, William C. Smartt, 
Adam Huntsman, Henry Sharp, 

West H. Humphreys, James Scott, 

Nelson I. Hess, Ennis Ury, 

John Kelly, John Whitson, 
Andrew A. Kincannon, Isaac Walton, 

Joseph Kincaid, John J. White, 

Peter Kendall, Jonathan Webster, 
Bradley Kimbrough, Robert Weakley. 


Wiutram K. Hr11, Secretary. 


ORDINANCE. 


{. Ordered, That it shall be the duty of the several officers of this 
state, authorized by law to hold elections for members of the general as- 
sembly, to open and hold an election, at the places of holding elections 
for embers to the general assembly, in their respective counties, on the 
first Thursday and Friday in March next, for the purpose of receiving 
the votes of such qualified voters as may desire to vote for the adoption 
or rejection of this amended constitution: provided, that no person shall 
be deemed a qualified voter in said election, except such as are included 
within the provisions of the first section of the fourth article of this 
amended constitution. 

II. Ordered, That it shall be the duty of said returning officers in 
each county in this state, to prepare poll books, which shall be opened 
on said days of election, and in which shall be enrolled the name of 
each voter by the assistance of clerks, who shall be appointed and sworn 
as clerks in other elections. Said officers shall prepare a ballot box, in 
which shall be placed the ticket of each voter. Each ticket shall have 
written thereon the words, “TI ratify the amended constitution :” or if the 
voter is opposed to it, “I reject the amended constitution :” or the words 
“ Ratification” or “ Rejection,” or some such words as will distinctly 
convey the intention of the voter. The justices of the several county 
courts in this state, at some time previous to the day of said election, 
shall appoint three inspectors for each precinct; and in case of failure 

¥2 


258 CONSTITUTION OF 


of the courts to appoint inspectors, then said returning officers shall ap- 
point them. Itshall be the duty of said returning officers, in presence 
of the said inspectors, to count the votes given for the ratification and 
rejection of the constitution, of which they shall keep a true and correct 
estimate in said poll book. Said returning officer shall deposit the ori- 
ginal poll books of said election with the clerk of the county court in 
their respective counties, and shall within five days after said election, 
make out duplicate statements of the number of votes in their respective 
counties for ratifying and rejecting the constitution ; and shall forward 
by mail one of said certificates to the governor, one to the secretary of 
state, and shall likewise deposit one with the clerk of the county court. 
It shall be the duty of said several clerks carefully to examine the said 
poll books, and forthwith to certify to the secretary of state, a full, true, 
and perfect statement of the number of votes taken for and against the 
constitution, as appears from the poll books, filed in their office. Should 
said returning officers, or any of them, fail to make returns in due time, 
as above directed, the secretary of state shall then be authorized to 
despatch a special messenger for the purpose of obtaining a certified 
copy of the result of said elections. 

lif. Ordered, That upon the receipt of the said returns, it shall be the 
duty of the governor, secretary of state, and any one of the judges of the 
supreme court, or any two of the said named officers, to compare the 
votes given in said election for the ratification and rejection of the 
amended constitution ; and if it shall appear from said returns, that a 
majority of all the votes given in said election, is for ratifying the 
amended constitution, then it shall be the duty of the governor forth- 
with to make proclamation of that fact, and thenceforth this amended 
constitution shall be ordained and established as the constitution of the 
state of Tennessee. It shall moreover be the duty of the governor, in 
and by said proclamation, to command the sheriffs and other officers di- 
rected by law to hold and superintend elections, to open the polls of 
elections at the places of holding elections for members of the general 
assembly in their respective counties, on the first Thursday in August 
one thousand eight hundred and thirty-five, for the purpose of electing a 
governor, and for the election of senators and representatives to the 
general assembly of this state from the several districts and counties, as 
mentioned and described in this ordinance, at which time and places elec- 
tions shall also be held for members of congress; and said officers shall 
make returns of said elections under the same rules and regulations as 
are now required by the existing laws. And it shall be the duty of the 
secretary of state to record the returns made from each county or dis- 
trict, and the result of said election, in a bound book to be preserved in 
his office. 

IV. Be it further ordered, That if any sheriff or other acting offi- 
cer shall fail, within the time prescribed by this ordinance, to discharge © 
any of the duties hereby required, such sheriff or other returning officer 
so failing as aforesaid, shall forfeit and pay the sum of five thousand 
dollars, to be recovered by action of debt in any of the courts of record 
in this state; to be sued for in the name of the governor, for the use and 
benefit of common schools. 

V. Be it further ordered, That until the first enumeration and ap 
portionment of representation in one thousand eight hundred and forty 


TENNESSEE, 259 


one, as directed by the amended constitution, the following districts shall 
be formed, each of which shall elect one senator, and the polls of elec- 
tion shall be compared at the several places herein mentioned, on the 
first Monday succeeding the day of election ; to wit: 

The counties of Carter, Sullivan and Washington, shall form one dis- 
trict ; and the polls shall be compared in the town of Jonesborough. 

The counties of Greene and Hawkins, shall compose one district ; 
and the polls shall be compared in the town of Greenville. 

The counties of Cocke, Sevier, Jefferson and Blount, shall form one 
district ; and the polls shall be compared in the town of Sevierville. 

The counties of Grainger, Claiborne, Campbell, Anderson and Mor- 
gan, shall compose one district ; and the polls shall be compared at the 
house of Robert Glenn, Esq., in Campbell county. 

The counties of Knox and Roane shall form one district; and the 
polls shall be compared at Campbell’s Station. 

The counties of Munroe and McMinn shall compose one district ; 
and the polls shall be compared in the town of Athens. 

The counties of Rhea, Bledsoe, Marion and Hamilton, shall compose 
one district; and the polls shall be compared at the town of Dallas. 

The counties of Warren and Franklin shall compose one district; and 
the polls shall be compared at Hillsborough. 

The counties of Overton, Jackson, Fentress and White, shall compose 
one district; and the polls shall be compared at Livingston. 

The counties of Lincoln and Giles shall compose one district; and 
the polls shall be compared at the house of John Kennedy. 

The counties of Smith and Summer shall compose one district; and 
the polls shall be compared at Hartsville. 

The county of Bedford shall compose one district ; and the polls shall 
be compared at Shelbyville. 

The county of Maury shall compose one district; and the polls shall 
be compared in Columbia. 

The county of Rutherford shall compose one district; and the polls 
shall be compared in Murfreesborough. 

The county of Davidson shall compose one district; and the polls 
shall be compared in the city of Nashville. 

The county of Williamson shall compose one district; and the polls 
shall be compared in the town of Franklin. 

The counties of Lawrence, Wayne and Hickman, shall compose one 
district ; and the polls shall be compared at Catron and Napier’s Furnace. 

The counties of Dickson, Stewart and Humphreys, shall compose one 
district; and the polls shall be compared at Simmons’ old place on Yel- 
low Creek. 

The counties of Robertson and Montgomery shall compose one dis- 
trict; and the polls shall be compared at Port Royal. 

The county of Wilson shall compose one district ; and the polls shall 
he compared in Lebanon. 

The counties of Hardeman, Fayette and Shelby, shall compose one 
district; and the polls shall be compared in Sommerville. 

The counties of Madison, Haywood and Tipton, shall compose one 
‘istrict; and the polls shall be compared in Brownsville. 

The counties of Carroll, Gibson and Dyer, shall compose one district ° 
and the polls shall be compared in Trenton. 


260 CONSTITUTION OF 


The counties of Henry, Weakley and Obion, shall compose one dis- 
trict ; and the polls shall be compared in Dresden. 

The counties of Henderson, Perry, M‘Nairy and Hardin, shall com- 
pose one district ; and the polls shall be compared at the house of James 
Wright, in Hardin county. 

And until said enumeration and apportionment of one thousand eight 
hundred and forty-one, the counties of Carter, Sullivan, Washington, 
Greene, Hawkins, Cocke, Sevier, Jefferson, Blount, Grainger, Claiborne, 
Knox, Roane, Monroe, M‘Minn, Rhea and Bledsoe, shall each elect one 
representative ; and the polls shall be compared at their respective court- 
houses. ; 

The counties of Sullivan and Hawkins shall jointly elect one repre- 
sentative; and shall compare the polls at Kingsport. 

The counties of Greene and Washington shall jointly elect one 
representative ; and the polls shall be compared at the house of Joshua 
Royston, Esq. 

The counties of Knox and Roane shall jointly elect one representative ; 
and the polls shall be compared at Campbell’s station. 

The counties of Monroe and M‘Minn shall jointly elect one represen- 
tative, and the polls shall be compared at Athens. 

The counties of Campbell, Anderson and Morgan, shall jointly elect 
two representatives; and the polls shall be compared at the house of 
James Ross, Esq., in Anderson county. 

The counties of Marion and Hamilton shall jointly elect one repre- 
sentative ; and the polls shall be compared at Dallas. 

The counties of Warren, Franklin, Bedford, Lincoln, Giles, Maury, 
Rutherford, Williamson, Davidson, Wilson, Smith and Sumner, shall 
each elect two representatives; and the polls shall be compared at their 
respective court-houses. 

The counties of Lawrence, Wayne, Hickman, Dickson, Humphreys, 
Montgomery, Stewart, Robertson, Overton, Jackson, Fentress, White, 
Hardin, McNairy, Hardeman, Fayette, Shelby, Perry, Henderson, Madi- 
son, Haywood, Tipton, Carroll, Gibson, Henry and Weakley, shall each 
elect one representative; and the polls shall be compared at their re- 
spective court-houses. 

The counties of Obion and Dyer shall jointly elect one representative ; 
and the polls shall be compared at the house of William Terrel, Esq., in 
Dyer county. 

The returns of the elections for representatives, shall be made at the 
several places herein pointed out, on the first Saturday succeeding the 
day of election. 

WILLIAM B. CARTER, President. 


Attest, Witt1am K. Hrxt, Secretary. 


OHIO. 261 


CONSTITUTION OF OHIO 


Done in Convention, begun and held at Chillicothe, on Monday, the 
Ist of November, A. D. 1802, and of the independence of the Uni= 
ted States the 27th. 


We, the people of the eastern division of the territory of the United 
States northwest of the river Ohio, having the right of admission into 
the general government, as a member of the Union consistent with the 
constitution of the United States, the ordinance of congress of one thou- 
sand seven hundred and eighty-seven, and the law of congress, entitled 
“An act to enable the people of the eastern division of the territory of 
the United States, northwest of the river Ohio, to form a constitution and 
state government, and for the admission of such state into the Union, on 
an equal footing with the original states, and for other purposes ;” in 
order to establish justice, promote the welfare, and secure the blessings of 
liberty to ourselves and our posterity, do ordain and establish the follow- 
ing constitution or form of government, and do mutually agree with 
each other to form ourselves into a free and independent state, by the 
naine of The State of Ohio. 


ARTICLE lI, 


§ 1. The legislative authority of this state shall be vested in a gene- 
ral assembly, which shall consist of a senate and house of representa- 
tives, both to be elected by the people. 

2. Within one year after the first meeting of the general assembly, 
and within every subsequent term of four years, an enumeration of all the 
white male inhabitants above twenty-one years of age shall be made, in 
such manner as shall be directed by law. The number of representa- 
tives shall, at the several periods of making such enumeration, be fixed 
by the legislature, and apportioned among the several counties, accord- 
ing to the number of white male inhabitants of above twenty-one years 
of age in each ; and shall never be less than twenty-four nor greater than 
thirty-six, until the number of white male inhabitants of above twenty- 
one years of age shall be twenty-two thousand ; and after that event, at 
such ratio that the whole number of representatives shall never be less 
than thirty-six, nor exceed seventy-two. 

3. The representatives shall be chosen annually, by the citizens of 
each county respectively, on the second ‘Tuesday of October. 

4, No person shall be a representative who shall not have attained the 
age of twenty-five years, and be a citizen of the United States, and an 
inhabitant of this state; shall also have resided within the limits of the 
county in which he shall be chosen, one year next preceding his elec- 
tion, unless he shall have been absent on the public business of the Uni- 
ted States, or of this state, and shall have paid a state or county tax. 

5. The senators shall be chosen biennially,-by qualified voters for re- 
presentatives; and, on their being convened in consequence of the first 
election, they shall be divided by lot from their respective counties or 
districts, as near as can be, into two classes ; the seats of the senators of 


262 CONSTITUTION OF 


the first class shall be vacated at the expiration of the first year, and of 
the second class at the expiration of the second year; so that one-half 
thereof, as near as possible, may be chosen annually for ever thereafter. 

6. The number of senators shall, at the several periods of making the 
enumeration before mentioned, be fixed by the legislature and apportion 
ed among the several counties or districts to be established by law, ac- 
cording to the number of white male inhabitants of the age of twenty> 
one years in each, and shall never be less than one-third nor more than 
o.ie-half of the number of representatives. — 

7. No person shall be a senator who has not arrived at the age of 
thirty years, and is a citizen of the United States ; shall have resided two 
years in the district or county immediately preceding the election, unless 
he shall have been absent on the public business of the United States, 
or of this state, and shall moreover have paid a state or county tax. 

8. The senate and house of representatives, when assembled, shall 
each choose a speaker and its other officers, be judges of the qualifica- 
tions and elections of its members, and sit upon its own adjournments ; 
two-thirds of each house shall constitute a quorum to do business, but a 
smaller number may adjourn from day to day, and compel the attend- 
ance of absent members. 

9. Each house shall keep a journal of its proceedings, and publish 
them. The yeasand nays of the members, on any question, shall, at the 
desire of any two of them, be entered on the journals. 

10. Any two members of either house shall have liberty to dissent 
from and protest against any act or resolution which they may think in- 
jurious to the public or any individual, and have the reasons of their dis- 
sent entered on the journals, 

11. Each house may determine the rules of its proceedings, punish 
its members for disorderly behaviour, and with the concurrence of two- 
thirds, expel a member, but not a second time for the same cause; and 
shall have all other powers necessary for a branch of the legislature of 
a free and independent state. f 

12. When vacancies happen in either house, the governor or the per- 
son exercising the power of the governor shall issue writs of election to 
fill such vacancies. 

13. Senators and representatives shall, in all cases, except treason, 
felony, or breach of the peace, be privileged from arrest during the ses- 
sion of the general assembly, and in going to and returning from the 
same; and for any speech or debate, in either house, they shall not be 
questioned in any other place. 

14, Each house may punish, by imprisonment, during their session, 
any person, not a member, who shall be guilty of disrespect to the house, 
by any disorderly or contemptuous behaviour in their presence: provided 
such imprisonment chal! not, at any one time, exceed twenty-four hours. 

15, The doors of each house, and of committees of the whole, shall 
be kept open, except in such cases as,in the opinion of the house, 
require secrecy. Neither house shall, without the consent of the other, 
adjourn for more than two days, nor to any. other place than that in 
which the two houses shall be sitting, 

16, Bills may originate in either house, but may be altered, amended, 
or rejected by the other. 

17. Every bill shall be read on three different aniitad in each housg 


- 


OHIO. 263 


unless, in case of urgency, three-fourths of the house where such bill is 
so depending shall deem it expedient to dispense with this rule; and 
every bill having passed both houses, shall be signed by the speakers of 
their respective houses. 

18. The style of the laws of this state shall be, “ Be it enacted by the 
general assembly of the stute of Ohio.” 

19. The legislature of this state shall not allow the following officers 
of government greater annual salaries than as follows, until the year one 
thousand, eight hundred and eight, to wit; the governor not more than 
one thousand dollars ; the judges of the supreme court not more than one 
thousand dollars each ; the presidents of the courts of common pleas not 
more than eight hundred dollars each; the secretary of state not more 
than five hundred dollars ; the auditor of public accounts not more than 
seven hundred and fifty dollars ; the treasurer not more than four hun- 
dred and fifty dollars; no member of the legislature shall receive more 
than two dollars per day during his attendance on the legislature, nor 
more for every twenty-five miles he shall travel in going to and return- 
ing from the general assembly. 

20. No senator or representative shall, during the time for which he 
shall have been elected, be appointed to any civil office under this state, 

‘which shall have been created, or the emoluments of which shall have 
been increased, during such time. 

21. No money shall be drawn from the treasury but in consequence 
of appropriations made by law. 

22. An accurate statement of the receipts and expenditures of the pub- 
lic moneys shall be attached to and published with the laws, annually. 

23. The house of representatives shall have the sole power of im- 
peaching, but a majority of all the members must concur in an impeach- 
ment. All impeachments shall be tried by the senate, and when sitting 
for that purpose, they shall be on oath or affirmation to do justice accord- 
ing to law and evidence ; no person shall be convicted without the con- 
currence of two-thirds of all the senators. 

24. The governor and all other civil officers under this state shall be 
liable to impeachment for any misdemeanour in office ; but judgment, in 
such cases, shall not extend further than removal from office, and dis- 
qualification to hold any office of honour, profit, or trust, under this state. 
The party, whether convicted or acquitted, shall, nevertheless, be liable 
to indictment, trial, judgment, and punishment, according to law. 

25. The first session of the general assembly shall commence on the 
first Tuesday of March next; and for ever after the general assembly 
shall meet on the first Monday in December in every year, and at no 
other period, unless directed by law, or provided for by this constitution. 

26. No judge of any court of law or equity, secretary of state, attorney- 
general, register, clerk of any court of record, sheriff or collector, member 
of either house of congress, or person holding any lucrative office under 
the United States, or this state, provided that the appointments in the 
militia, or justices of the peace, shall not be considered lucrative offices, 
shall be eligible as a candidate for, or have a seat in, the general as- 
sembly. 

27. No person shall be appointed to any office within any county who 
shall not have been a citizen and inhabitant therein one year next be- 
fore his appointment, if the county-shall have been so long erected; but 


264 CONSTITUTION OF 


if the county shall not have been so long erected, then withm the limits 
of the county or counties out of which it shall have been taken. 

28. No person who heretofore hath been, or hereafter may be, a col- 
lector or holder of the public moneys, shall have a seat in either house 
of the general assembly, until such person shall have accounted for and 
paid into the treasury all sums for which he may be accountable or 
liable. 


ARTICLE 2, 


§ 1. The supreme executive power of this state shall be vested in a 
governor. 

2. The governor shall be chosen by the electors of the mepzvers of 
the general assembly, on the second Tuesday of October, at the same 
places and in the same manner that they shall respectively vote for mem- 
bers thereof. The returns of every election for governor shall be sealed 
up and transmitted to the seat of government, by the returning oflicers, 
directed to the speaker of the senate, who shall open and publish them 
in the presence of a majority of the members of each house of the gene- 
ral assembly ; the person having the highest number of votes shall be 
governor : but if two or more shall be equal and highest in votes, then 
one of them shall be chosen governor by joint ballot of both houses of 
the general assembly. Contested elections for governor shall be deter- 
mined by both houses of the general assembly, in such manner as shall 
be prescribed by law. 

3. The first governor shall hold his office until the first Monday of 
September, one thousand eight hundred and five, and until another 
governor shall be elected and qualified to office ; and for ever after, the 
governor shall hold his office for the term of two years, and until an- 
other governor shall be elected and qualified ; but he shall not be eligible 
more than six years in any term of eight years. He shall be at least 
thirty years of age, and have been a citizen of the United States twelve 
years, and an inhabitant of this state four years next preceding his elec- 
tion. 

4, He shall, from time to time, give to the general assembly informa- 
tion of the state of the government, and recommend to their consideration 
such measures as he shall deem expedient. 

5. He shall have the power to grant reprieves and pardons, after con- 
viction, except in cases of impeachment. 

6. The governor shall, at stated times, receive for his services a com- 
pensation, which shall neither be increased nor diminished during the 
term for which he sha!l have been elected. 

7. He may require information, in writing, from the officers m the 
executive department, upon any subject relating to the duties of ¢neir 
respective offices, and shall take care that the laws be faithfully executed. 

8. When an officer, the right of whose appointment is, by this con- 

. stitution, vested in the general assembly, shall, during the recess, die, or 
his office by any means become vacant, the governor shall have power 
to fill such vacancy, by granting a commission, which shall expire at the 
end of the next session of the legislature. 

9. He may, on extraordinary occasions, convene the general assembly 
by proclamation, and shall state to them, when assembled, the purpose 
for which they shall have been convened. 


OHIO. 4% 265 


e& 


10. He shall be commander-in-chief of the army and navy of this 
state, and of the militia, except when they shall be called into the service 
of the United States. 

11. In cases of disagreement between the two houses, with respect to 
the time of adjournment, the governor shall have the power to adjourn 
the general assembly to such time as he thinks proper, provided it be not 
a period beyond the annual meeting of the legislature. 

12. In case of the death, impeachment, resignation, or the removal of 
the governor from office, the speaker of the senate shall exercise the 
office of governor until he be acquitted, or another’governor shall be duly 
qualified. In case of impeachment of the speaker of the senate, or his 
death, removal from office, resignation, or absence from the state, the 
speaker of the house of representatives shall succeed to the office, and 
exercise the duties thereof, until a governor shall be elected and qualified. 

13. No member of congress, or person holding any office under the 
United States, or this state, shall execute the office of governor. 

14. There shall be a seal of the state, Which shall be kept by the 
governor, and used by him officially, and shall be called the great seal of 
the state of Ohio. 

15. All grants and commissions shall be in the name and by the au- 
thority of the state of Ohio, sealed with the seal, signed by the gover- 
nor, and countersigned by the secretary. 

16. A secretary of state shall be appointed by a joint ballot of the 
senate and house of representatives, who shall continue im office three 
years, if he shall so long behave himself well. He shall keep a fair 
register of all the official acts and proceedings of the governor ; and shall, 
when required, lay the same, and all papers, minutes, and vouchers, rela- 
tive thereto, before either branch of the legislature, and shall perform such 
other duties as shall be assigned him by law. 


ARTICLE 3. 


§ 1. The judicial power of this state, both as to matters of law and 
equity, shall be vested in a supreme court, in courts of common pleas for 
each county, in justices of the peace, and in such other courts as the legis- 
lature may from time to time establish. 

2. The supreme court shall consist of three judges, any two of whom 
shall be a quorum. ‘They shall have original and appellate jurisdiction, 
both in common law and chancery, in such cases as shall be directed by 
law: provided, that nothing herein contained shall prevent the general 
assembly from adding another judge to the supreme court after the term 
of five years, in which case the judges may divide the state into two 
circuits, within which any two of the judges may hold a court. 

3. The several courts of common pleas shall consist of a president 
and associate judges. The state sha!l be divided by Jaw into three cir- 
cuits: there shall be appointed in each-circuit a president of the courts, 
who, during his continuance in office, shall reside therein. There shall 
be appointed in each county not more than three nor less than two as- 
sociate judges, who, during their continuance in office, shall reside there- 
in. ‘The president and associate judges, in their respective counties, any 
three of whom shall be a quorum, shall compose the court of common 
pleas, which court shall have commen law and chancery jurisdiction, in 
all such cases as shall be directed by law ; provided, that nothing herein 


266 CONSTITUTION OF 


contained shall be construed to prevent the legislature from mcereasing 
the number of circuits and presidents after the term of five years. 

4, The judges of the supreme court and court of common pleas, shall 
have complete criminal jurisdiction in such cases and in such manner as 
may be pointed out by law. 

5. ‘The court of common pleas in each county shall have jurisdiction 
of all probate and testamentary matters, granting administration, and 
the appointment of guardians, and such other cases as shall be prescribed 
by law. 

6. The judges of the court of common pleas shall, within their respec- 
live counties, have the same powers with the judges of the supreme 
court, to issue writs of certiorari to the justices of the peace, and cause 
their proceedings to be brought before them, and the like right and jus- 
tice to be done. 

7. The judges of the supreme court shall, by virtue of their offices, be 
conservators of the peace throughout the state. The presidents of the 
court of common pleas shall, by virtue of their offices, be conservators 
of the peace in their respective circuits, and the judges of the court of 
common pleas shall, by virtue of their offices, be conservators of the peace 
in their respective counties. 

8. The judges of the supreme court, the presidents, and the associate 
judges of the courts of common pleas, shali be appointed by a joint bal- 
lot of both houses of the general assembly, and shall hold their offices for 
the term of seven years, if so long they behave well. The judges of the 
supreme court, and the presidents of the courts of common pleas, shall, 
at stated times, receive for their services an adequate compensation, to 
be fixed by law, which shall not be diminished during their continuance 
in office ; but they shall receive no fees or perquisites of office, nor hold 
any other office of profit or trust under the authority of this state or the 
United States. 

9. Each court shall appoint its own clerk, for the term of seven years ; 
but no person shall be appointed clerk, except pro tempore, who shall 
not produce to the court appointing him a certificate from a majority of 
the judges of the supreme court, that they judge him to be well qualified 
to execute the duties of the office of clerk to any court of the same 
dignity with that for which he offers himself. They shall be removable 
for breach of good behaviour, at any time, by the judges of the respective 
courts, 

10. The supreme court shall be held once a year, in each county ; 
and the courts of common pleas shall be holden in each county at such 
times and places as shall be prescribed by law. 

11. A competent number of justices of the peace shall be elected by 
the qualified electors in each township in the several counties, and shall 
continue in office three years; whose powers and duties shall from time 
to time be regulated and defined by law. 

12, The style of all process shall be, The state of Ohio ; and all prose- 
cutions shall be carried on in the name and by the authority of the state 
of Ohio; and all indictments shall conclude against the peace and dig 
nity of the same. : 


‘ 
4 
7 


; OHIV. * 967 


ARTICLE 4, 


§ 1. In all elections, all white male inhabitants, above the age of 
twenty-one years, having resided in the state one year next preceding 
the election, and who have paid, or are charged with, a state or county 
tax, shall enjoy the right of an elector ; but no person shall be entitled to 
vote, except in the county or district in which he shall actually reside 
at the time of the election. 

2. All elections shall be by ballot. 

3. Electors shall, in all cases except treason, felony, or breach of the 
peace, be privileged from arrest during their attendance at elections, and 
in going to and returning from them. 

4, The legislature shall have full power to exclude from the privilege 
of electing, or being elected, any person convicted of bribery, perjury, or 
any other infamous crime. 

5. Nothing contained in this article shall be so construed as to pre- 
vent white male persons, above the age of twenty-one years, who are 
compelled to labour on the roads of their respective townships or coun- 
ties, who have resided one year in the state, from having the right of an 
elector. 


ARTICLE 5. 


§ 1. Captains and subalterns in the militia shall be elected by those 
persons in their respective company districts subject to military duty. 

2. Majors shall be elected by the captains and subalterns of the bat- 
talion. 

3. Colonels shall be elected by the majors, captains, and subalterns 
of the regiment. 

4, Brigadiers-general shall be elected by the commissioned officers of 
their respective brigades. 

5. Majors-general and quarter-masters-general shall be appointed by 
joint ballot of both houses of the legislature. ; 

6. The governor shall appoint the adjutant-general. The majors- 
general shall appoint their aids, and other division officers. The briga- 
diers their majors ; the brigade-majors their staff officers ; commanders 
of regiments shall appoint their adjutants, quarter-masters, and other regi- 
mental staff officers ; and the captains and subalterns shall appoint their 
non-commissioned officers and musicians. 

7. The captains and subalterns of the artillery and cavalry shall be 
elected by the persons enrolled in their respective corps, and the majors 
and colonels shall be appointed in such manner as shall be directed by 
law. The colonels shall appoint their regimental staff, and the captains 
and subalterns their non-commissioned officers and musicians. 


ARTICLE 6 


§ 1. There shall be elected in each county one sheriff and one coro- 
ner, by the citizens thereof* who are qualified to vote for members of the 
assembly : they shall be elected at the time and place of holding elec- 
tions for members of assembly ; they shall continue in office two years _ 
if they shall so long behave well, and until successors be chosen and 
duly gualified: provided, that no person shall be eligible as sheriff for a 
longer term than four years in any term of six years. 


9268 * CONSTITUTION OF 


2, The state treasurer and auditor shall be triennially appointed, by a 
joint ballot of both houses of the legislature. 

3. All town and township officers shall be chosen annually, by the 
inhabitants thereof duly qualified to vote for members of the assembly, 
at such time and place as may be directed by law. 

4, The appointment of all civil officers, not otherwise directed by 
this constitution, shall be made in such manner as may be directed by 
law. 


ARTICLE 7. 


§ 1. Every person who shall be chosen or appointed to any office of 
trust or profit under the authority of the state, shall, before entering on 
the execution thereof, take an oath or affirmation to support the consti- 
tution of the United States and this state, and also an oath of office. 

2. Any elector who shall receive any gift or reward for his vote, in 
meat, drink, money, or otherwise, shall suffer such punishment as the 
law shall direct; and any person who shall directly or indirectly give, 
promise, or bestow any such reward to be elected, shall thereby be 
rendered incapable for two years to serve in the office for which he was 
elected, and be subject to such other punishment as shall be directed by 
law. 

3. No new county shall be established by the general assembly which 
shall reduce the county or counties, or either of them, from which it 
shall be taken, to less contents than four hundred square miles, nor shall 
any county be laid off of less contents. Every new county, as to the 
right of suffrage and representation, shall be considered as a part of the 
county or counties from which it was taken until entitled by numbers 
to the right of representation. 

4, Chillicothe shall be the seat of government until the year one 
thousand eight hundred and eight. No money shall be raised until the 
year one thousand eight hundred and nine, by the legislature of this 
state, for the purpose of erecting public buildings for the accommodation 
of the legislature. 

5. That, after the year one thousand eight hundred and six, whenever 
two-thirds of the general assembly shall think it necessary to amend or 
change this constitution, they shall recommend to the electors, at the 
next election for members to the general assembly, to vote for or against 
a convention ; and if it shall appear that a majority of the citizens of 
the state, voting for representatives, have voted for a convention, the 
general assembly shall, at their next session, call a convention, to consist 
of as many members as there may be in the general assembly, to be 
chosen in the same manner, at the same places, and by the same elec- 
tors that choose the general assembly, who shall meet within three 
months after the said election, for the purpose of revising, amending, or 
changing the constitution. But no alteration of this constitution shall 
ever take place, so as to introduce slavery or involuntary servitude into 
this state. ¢ 

6. That the limits and boundaries of this state be ascertained, it is 
declared, that they are as hereafter mentioned—that is to say, bounded 
on the east by the Pennsylvania line, on the south by the Ohio river, to 
the mouth of the great Miami river; on the west by the line drawn due 
north from the mouth of the Great-Miami aforesaid; and ox the north 


; OHIO. 269 


by an east and west line, drawn through the southerly extreme of Lake 
Michigan, running east, after intersecting the due north line aforesaid, 
from the mouth of the great Miami, until it shall intersect Lake Erie, 
or the territorial line, and thence with the same through Lake Erie to 
the Pennsylvania line aforesaid : Provided, always, and it is hereby fully 
understood and declared by this convention, that if the southerly bend 
or extreme of Lake Michigan should extend so far south, that a line 
drawn due east from it should not intersect Lake Erie, or if it should 
intersect the said Lake Erie east of the mouth of the Miami river of the 
Lake, then, and in that case, with the assent of the congress of the . 
United States, the northern boundary of this state shall be established 
by, and extended to a direct line, running from the southern extremity 
of Lake Michigan, to the most northerly cape of the Miami Bay, after 
intersecting the due north line from the mouth of the Great Miami river 
as aforesaid, thence north-east to the territorial, and by the said territo- 
rial line to the Pennsylvania line. 


ARTICLE 8. 


That the general, great, and essential principles of liberty and free 
government may be recognised, and for ever unalterably established, we 
declare, 

§ 1. That all men are born equally free and independent, and have 
certain natural, inherent, and unalienable rights, amongst which are the 
enjoying and defending life and liberty, acquiring, possessing, and pro- 
tecting property, and pursuing and obtaining happiness and safety ; and 
every free republican government, being founded on their sole authority, 
and organized for the purpose of protecting their liberties, and securing 
their independence—to effect these ends they have at all times a com- 
plete power to alter, reform, or abvlish their government, whenever they 
may deem it necessary. 

2. There shall be neither slavery nor involuntary servitude in this 
state, otherwise than for the punishment of crimes, whereof the party 
shall have been duly convicted; nor shall any male person, arrived at 
the age of twenty-one years, nor female person, arrived at the age of 
eighteen years, be held to serve any person as a servant under pretence 
of indenture, or otherwise, unless such person shall enter into such in- 
denture while in a state of perfect freedom, and on condition of a bona 
fide consideration, received or to be received for their service, except as 
before excepted. Nor shall any indenture of any negro or mulatto here- 
after made and executed, out of this state, or, if made in the state, where 
the term of service exceeds one year, be of the least validity, except 
those given in the case of apprenticeships. 

3. That all men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own consciences ; that 
no human authority can in any case whatever control or interfere with 
the rights of conscience ; that no man shall be compelled to attend, 
erect, or support any place of worship, or to maintain any ministry, 
against his consent; and that no preference shall ever be given by law 
to any religious society or mode of worship: and no religious test shall 
be required as a qualification to any office of trust or profit. But reli- 
gion, morality, and knowledge, being essentially necessary to the govern- 
ment, and the happiness of mankind, schools, and the means of instruc; 

Z2 


20 CONSTITUTION OF 


tion, shall for ever be encouraged by legislative provision, not inconsistent 
with the rights of conscience. 

4, Private property ought, and shall ever be held inviolate, but 
always subservient to the public welfare, provided a compensation in 
money be made to the owner. 

5. That the people shall be secure in their persons, houses, papers, 
and possessions from all unwarrantable searches and seizures; and that 
general warrants, whereby an officer may be commanded to search sus- 
pected places, without probable evidence of the fact committed, or to 
seize any person or persons not named, whose offences are not particu- 
larly described, and without oath or affirmation, are dangerous to liberty, 
and shall not be granted. 

6. That the printing presses shall be open and free to every citizen 
who wishes to examine the proceedings of any branch of government, 
or the conduct of any public officer ; and no law shall ever restrain the 
right thereof. Every citizen has an indisputable right to speak, write, 
or print upon any subject, as he thinks proper, being liable for the abuse 
of that liberty. In prosecutions for any publication respecting the official 
conduct of men in a public capacity, or where the matter published is 
proper for public information, the truth thereof may always be given in 
evidence ; and in all indictments for libels, the jury shall have a right 
to determine the law and the facts, under the direction of the court, as 
in other cases. 

7. 'That all courts shall be open, and every person, for any injury done 
him in his lands, goods, person, or reputation, shall have remedy by the 
due course of law; and right and justice administered without denial 
or delay. 

8. That the right of trial by jury shall be inviolate. 

9. That no power of suspending the laws shall be exercised, unless 
by the legislature. 

10. That no person arrested or confined in jail shall be treated with 
unnecessary rigour, or be put to answer any criminal charge, but by 
presentment, indictment, or impeachment. 

11, That in all criminal prosecutions, the accused hath a right to be 
heard by himself and his counsel, to demand the nature and cause of 
the accusation against him, and to have a copy thereof ; to meet the wit- 
nesses face to face; to have compulsory process for obtaining witnesses 
in his favour; and, in prosecutions by indictment or presentment, a 
speedy public trial, by an impartial jury of the county or district in 
which the offence shall have been committed, and shall not be compelled 
to give evidence against himself—nor shall he be twice put in jeopardy 
for the same offence. 

12. That all persons shall be bailable by sufficient sureties unless for 
capital offences, where the proof is evident, omthe presumption great, 
and the privilege of the writ of habeas corpus shall not be suspended, 
unless When in cases of rebellion or invasion the public safety may re- 
quire it. 

13, Excessive bail shall not be required, excessive fines shall not be 
imposed, nor cruel and unusual punishments inflicted. 

i4. All penalties shall be proportioned to the nature of the offence. 
No wise legislature will affix the same punishments to the crimes of 
theft, forgery, and the like, which they do to those of murder and trea 


> 


OHIO. yal 


son. When the same undistinguished severity 1s exerted against_all 
otiences, the people are led to forget the real distinction in the crimes 
themselves, and to commit the most flagrant with as little compunction 
as they do the lightest offences. For the same reasons, a multitude 
af sanguinary laws are both impolitic and unjust ; the true design of all 
punishments being to reform, not to exterminate mankind. 

15. The person of a debtor, where there is not strong presumption of 
fraud, shall not be continued in prison after delivering up his estate for 
the benefit of his creditor or creditors, in such manner as shail be pre- 
scribed by law. 

16. No ea post facto law, nor any law impairing the validity of con- 
tracts, shall ever be made; and no conviction shall work corruption of ° 
blood, or forfeiture of estate. 

17. 'That no person shall be liable to be transported out of this, state, 
for any offence committed within the state. 

18. That a frequent recurrence to the fundamental principles of civil 
government is absolutely necessary to preserve the blessings of liberty. 

19. That the people have a right to assemble together, in a peaceable 
manner, to consult for their common good, to instruct their representa- 
tives, and to apply to the legislature for redress of grievances. 

20. That the people have a right to bear arms for the defence of them 
selves and the state; and as standing armies in time of peace are 
dangerous to liberty, they shall not be kept up, and that the military 
shall be kept under strict subordination to the civil power. 

21. That no person in this state, except such as are employed in the 
army or navy of the United States, or militia in actual service, shall be 
subject to corporeal punishment under the military law. 

22. That no soldier in time of peace be quartered in any house with- 
out the consent of the owner, nor in time of war, but in the manner 
prescribed by law. 

23. That the levying taxes by the poll is grievous and oppressive ; 
therefore, the legislature shall never levy a poll tax for county or state 
purposes. 

24, That no hereditary emoluments, privileges, or honours shall ever 
be granted or conferred by this state. 

25. That no law shall be passed to prevent the poor in the several 
counties and townships within this state, from an equal participation in 
the schools, academies, colleges, and universities within this state, 
which are endowed, in whole or in part, from the revenue arising from 
the donations made by the United States for the support of schools and 
colleges ; and the doors of the said schools, academies, and universities 
shall be open for the reception of scholars, students, and teachers of 
every grade, without any distinction or preference whatever, contrary to 
the intent for which the said donations were made. 

26. That laws shall be passed by the legislature which shall secure to 
each and every denomination of religious societies, in each surveyed 
township, which now is, or may hereafter be, formed in the state, an 
equal participation, according to their number of adherents, of the 
profits arising from the land granted by congress for the support of re- 
ligicn, agreeably to the ordinance or act of congress making the appro- 
propriation. 

27. That every association of persons, when regularly formed within 


= 


272 CONSTITUTION OF 


. * * . * 7 
this state, and having given themselves a name, may, on application to 
the legislature, be entitled to receive letters of incorporation, to enable 


‘them to hold estates, real and personal, for the support of their schools, 


academies, colleges, universities, and other purposes. 

28. To guard against the transgression of the high powers which 
we have delegated, we declare, that all powers not hereby delegated re- 
main with the people. 


SCHEDULE. 


§ 1. That no evils or inconveniences may arise from the change of a 
territorial government to a permanent state government ; it is declared 
by this convention that all rights, suits, actions, prosecutions, claims, 
and contracts, both as it respects individuals and bodies corporate, shall 
continue as if no change had taken place in this government. 

2. All fines, penalties, and forfeitures, due and owing to the territory 
of the United States, north-west of the Ohio River, shall inure to the 
use of the state. All bonds executed to the governor, or any other 


officer in his official capacity in the territory, shall pass over to the go- 


vernor, or the other officers of the state, and their successors in office, 
for the use of the state, or by him or them to be respectively assigned 
over to the use of those concerned, as the case may be. 

3. The governor, secretary, and judges, and all. other officers under 
the territorial government, shall continue in the exercise of the duties 
of their respective departments until the said officers are superseded 
under the authority of this constitution. 

4. All laws and parts of laws now in force in this territory, not in- 
consistent with this constitution, shall continue and remain in full effect 
until repealed by the legislature, except so much of the act entitled 
« An act regulating the admission and practice of attorneys and coun- 
sellors at law ;’”’ and of the act made amendatory thereto, as relates to 
the term of time which the applicant shall have studied law, his resi- 
dence within the territory, and the term of time which he shall have 
practised as an attorney at law, before he can be admitted to the degree 
of a counsellor at law. 

5. The governor of the state shall make use of his private seal, until 
a state seal be procured. 

6. The president of the convention shall issue writs of election to the 
sheriffs of the several counties, requiring them to proceed to the elec- 
tion of governor, members of the general assembly, sheriffs, and coro- 
ners, at the respective election districts in each county, on the second 
Tuesday of January next, which elections shall be conducted in the 
manner prescribed by the existing election laws of this territory ; and 
the members of the general assembly, sheriffs, and coroners then elect- 
ed, shall continue to exercise the duties of their respective offices until 
the next annual or biennial election thereafter, as prescribed in this con- 
stitution, and no longer. .- 

7. Until the first enumeration shall be made, as directed in the second 
section of the first article of this constitution, the county of Hamilton 
shall be entitled to four senators and eight representatives ; the county 
of Clermont one senator and two representatives ; the county of Adams 
one senator and three representatives ; the county of Ross, two senators 


INDIANA. 273 


and four representatives; the county of Fairfield one senator and twe 
representatives; the county of Washington two senators and three re- 
presentatives ; the county of Belmont one senator and two representa- 
tives; the county of Jefferson two senators and four representatives ; 
and the county of Trumbull one senator and two representatives. 


Done in convention, at Chillicothe, on the 29th day of November, m 
the year of our Lord 1802, and of the Independence of the United 
States of America the 27th. 


In testimony whereof, we have hereunto subscribed our names. 


EDWARD TIFFIN, President. 


Jos. Darlington, John Reilly, 
Israel Donaldson, John Smith, 
Tho. Kerker, John Wilson, 
James Caldwell, Rudolph Bear, 
Elijah Woods, Geo. Humphrey, 
Philip Gatch, John Milligan, 
James Sargent, Nath. Updegraff, 
Henry Abrams, Baz. Wells, 

Em. Carpenter, Mich. Baldwin, 
John W. Browne, James Grubb, 
Charles W. Byrd, Nath. Massie, 
Fra. Dunlavy, T. Worthington, 
Wm. Goforth, David Abbott, 
John Kitchell, Sam. Huntington, 
Jer. Morrow, Eph. Cutler, 
John Paul, Ben. Ives Gilman, 


John M’Intire, Rufus Putnam. 
, Attest, Tuo. Scorr, Secretary. 


CONSTITUTION OF INDIANA. 


Wes, the representatives of the people of the territory of Indiana, m 
convention met, at Corydon, on Monday the 10th day of June, in the 
year of our Lord eighteen hundred and sixteen, and of the independence 
of the United States the fortieth, having the right of admission into 
the general government, as a member of the Union, consistent with 
the constitution of the United States, the ordinance of Congress of 
one thousand seven hundred and eighty-seven, and the law of Con- 
. gress, entitled “An act to enable the people of Indiana territory te 
form a constitution and state government, and for the admission of such 
state into the Union, on an equal footing with the original states ;”” in 
srder to establish justice, promote the welfare, and secure the blessings 


274 CONSTITUTION OF 
2 


of liberty to ourselves and our posterity, do ordain and establish the 
following constitution or form of government, and do mutually agree 
with each other to form ourselves into a free and independent state, by 
the name of The State of Indiana. 


ARTICLE l. 


§ 1. That the general, great, and essential principles of liberty and 
free government may be recognised and unalterably established, we de- 
c.are: that all men are born equally free and independent, and have 
certain natural, inherent, and unalienable rights; among which are, the 
enjoying and defending life and liberty, and of acquiring, possessing, 
and protecting property, and pursuing and obtaining happiness and 
safety. 

2, ‘That all power is inherent in the people, and all free governments 
are founded on their authority, and instituted for their peace, safety, and 
happiness: for the advancement of these ends, they have at all times 
an unalienable and indefeasible right to alter, or reform, their govern- 
ment, in such manner as they may deem proper. 

3. That all men have a natural and indefeasible right to worship Al- 
mighty God according to the dictates of their own consciences: that no 
man shall be compelled to attend, erect, or support any place of worship, 
or to maintain any ministry, against his consent: that no human 
authority can, in any case whatever, control or interfere with the 
rights of conscience: and that no preference shall ever be given by law 
to any religious societies or modes of worship ; and no religious test shall 
be required as a qualification to any office of trust or profit. 

4, That elections shall be free and equal. 

5. That in all civil cases, where the value in controversy shall exceed 
the sum of twenty dollars, and in all criminal cases except in petit mis- 
demeanours, which shall be punishable by fine only, not exceeding three 
dollars, in such manner as the legislature may prescribe by law, the right 
of trial by jury shall remain inviolate. 

6. That no power of suspending the operation of the laws shall be 
exercised, except by the legislature or its authority. 

7. That no man’s particular services shall be demanded, or property 
taken or applied to public use, witheut the consent of his representatives, 
or without a just compensation being made therefor. 

8. The rights of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, shall not 
be violated; and no warrant shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place to be 
searched, and the person or things to be seized. 

9. That the printing presses shall be free to every person who under- 
takes to examine the proceedings of the legislature, or any branch of 
government ; and no law shall ever be made to restrain the right thereof. 
The free communication of thoughts and opinions is one of the in- 
valuable rights of man; and every citizen may freely speak, write, and 
print on any subject, being responsible for the abuse of that liberty. 

10. In prosecutions for the publication of papers investigating the 
official conduct of officers, or men in a public capacity, or where the mat- 
ter published is proper for public information, the truth thereof may be 


INDIANA, Q75 


given tn evidence ; and, in all indictments for libels, the jury shall have 
a right to determine the law and the facts, under the direction of the 
court, as in other cases. 

11. That all courts shall be open, and every person, for an injury done 
him in his lands, goods, person, or reputation, shall have remedy by the 
due course of law, and right and justice administered without denial or 
delay. 

12, That no person arrested or confined in jail shall be treated with 
unnecessary rigour, or be put to answer any criminal charge, but by pre- 
sentment, indictment, or impeachment. 

13. That, in all criminal prosecutions, the accused hath a right to be’ 
heard by himself and counsel, to demand the nature and cause of the 
accusation against him, and to have a copy thereof; to meet the wit- 
nesses face to face ; to have compulsory process for obtaining witnesses 
in his favour; and in prosecutions by indictment or presentment, a 
speedy public trial by an impartial jury of the county or district in which 
the offence shall have been committed, and shall not be compelled to give 
evidence against himself, nor shall be twice put in jeopardy for the same 
offence. 

14, That all persons shall be bailable by sufficient sureties, unless for 
capital offences, when the proof is evident or the presumption great ; and 
the privilege of the writ of habeas corpus shall not be suspended, unless, 
in case of rebellion or invasion, the public safety may require it. 

15, Excessive bail shall not be required ; excessive fines shall not be 
imposed ; nor cruel and unusual punishments inflicted. 

16. All penalties shall be proportioned to the nature of the offence. 

17. The person of a debtor, where there is not strong presumption of 
fraud, shall not be continued in prison after delivering up his estate for 
the benefit of his creditor or creditors, in such manner as shall be pre- 
scribed by law. 

18. No ex post facto law, nor any law impairing the validity of con- 
tracts, shall ever be made; and no conviction shall work corruption of 
blood, nor forfeiture of estate. 

19. That the people have a right to assemble together, in a peaceable 
manner, to consult for their common good, to instruct their representa- 
tives, and to apply to the legislature for redress of grievances.’ 

20. That the people have a right to bear arms for the defence of them- 
selves and the state; and that the military shall be kept in strict subor- 
dination to the civil power. 

21. That no soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a manner 
to be prescribed by law. 

22. That the legislature shall not grant any title of nobility or here- 
ditary distinctions ; nor create any office, the appointment to which shall 
be for a longer term than good behaviour. 

23. That emigration from the state shall not be prohibited. 

24. To guard against any encroachments on the rights herein retain- 
ed, we declare, that every thing in this article is excepted out of the gene- 
tal powers of government, and shall for ever remain inviolable. 


276 ONSTITUTION OF 


ARTICLE 2. 


The powers of the government of Indiana shall be divided into three 
distinct departments, and each of them be confided to a separate body 
of magistracy, to wit: Those which are legislative, to one ; those which 
are executive, to another; and those which are judiciary, to another : 
And no person, or collection of persons, being of one of those depart- 
ments, shall exercise any power properly attached to either of the others 
except in the instances herein expressly permitted. 


ARTICLE 3. 


§ 1. The legislative authority of this state shall be vested ina general 
assembly, which shall consist of a senate and house of representatives, 
both to be elected by the people. 

2, The gencral assembly may, within two years after their first meet- 
ing, and shall, in the year eighteen hundred and twenty, and every sub- 
sequent term of five years, cause an enumeration to be made of all the 
white male inhabitants above the age of twenty-one years. ‘The number 
of representatives shall, at the several periods of making such enumera- 
tions, be fixed by the general assembly, and apportioned among the seve- 
ral counties according to the number of white male inhabitants above 
twenty-one years of age in each; and shall never be less than twenty- 
five, nor greater than thirty-six, until the number of white male inhabit- 
ants, above twenty-one years of age, shall be twenty-two thousand ; and 
after that event, at such ratio that the whole number of representatives 
shall never be less than thirty-six, nor exceed one hundred. 

3. The representatives shall be chosen annually, by the qualified 
electors of each county respectively, on the first Monday of August. 

4. No person shall be a representative unless he shall have attained 
the age of twenty-one years, and shall be a citizen of the United States, 
and an inhabitant of this state; shall also have resided within the limits 
of the county in which he shall be chosen one year next preceding his 
election, if the county shall have been so long erected ; but if not, then 
within the limits of the county or counties out of which it shall have 
been taken, unless he shall have been absent on the public business of 
the United States or of this state, and shall have paid a state or county 
tax. 

5. The senators shall be chosen for three years, on the first Monday 
in August, by the qualified voters for representatives ; and, on their be- 
ing convened in consequence of the first election, they shall be divided 
by lot from their respective counties or districts, as near as can be, into 
three classes; the seats of the senators of the first class shall be vacated 
at the expiration of the first year, and the second class at the expiration 
of the second year; and of the third class at the expiration of the third 
year ; so that one-third thereof, as near as possible, may be annually 
chosen for ever thereafter. 

6. The number of senators shall, at the several periods of making the 
enumeration before mentioned, be fixed by the general assembly, and 
apportioned among the several counties or districts to be established by 
law, according to the number of white male inhabitants, of the age of 
twenty-one years, in each, and shall never be less than one-third, nor 
more than one-half of the number of representatives. 


| 


INDIANA... 277 


7. No person snail be a scnator unless he shall have attained the age 
of twenty-five years, and shall be a citizen of the United States ; and 
shell next preceding the election, have resided two years in this state, 

he last twelve months of which, in the county or district in which he 
ou be elected, if the county or district shall have been so long erected : 
but if not, then within the limits of the county or counties, district. or 
districts, out of which the same shall have been taken; unless he shall 
have been absent on the public business of the United States or this state, 
and shall moreover have paid a state or county tax. 

8. The house of representatives, when assembled, shall choose a 
speaker and its other officers ; and the senate shall choose its officers, 
except the president ; and each shall be judges of the qualifications and 
elections ofits members, and sit upon its own adjournments ; two-thirds 
of each house shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and compel the attendance of ab- 
sent members. 

9. Each house shall keep a journal of its proceedings, and publish 
them. The yeas and nays of the members, on any question, shall, at the 
request of any two of them, be entered on the journals, 

10, Any one member of either house shall have liberty to dissent 
from and protest against any act or resolution which he may think in- 
jurious to the public, or any individual or individuals, and have the 
reason of his dissent entered on the journals. 

11. Each house may determine the rules of its proceedings, punish its 
members for disorderly behaviour, and, with the concurrence of two- 
thirds, expel a member, but not a second time for the same cause; and 
shall have all other powers neccssary for a branch of the legislature of a 
free and independent state. 

12. When vacancies happen in either branch of the general assembly, 
the governor, or the person exercising the power of governor, shall issue 
writs of election to fill such vacancies. 

13. Senators and representatives shall, in all cases except treason, 
felony, or breach of the peace, be privileged from arrest during the ses- 
sion of the general assembly, and in going to or returning from the same ; 
and for any speech or debate in either house, they shall not be ques- 
tioned in any other place. 

14, Each house may punish, by imprisonment, during their session, 
any person, not a member, who shall be guilty of disrespect to the house, 
by disorderly or contemptuous behaviour in their presence : Provided, 
such imprisonment shall not, at any one time, exceed twenty-four hours. 

15. The doors of each house, and of committees of the whole, shall 
be kept open, except in such cases as, in the opinion of the house, may 
require secrecy. Neither house shall, without the consent of the other, 
adjourn for more than two days, nor to any other place than that in 
which the two houses shall be sitting. 

16. Bills may originate in either house, but may be altered, amended, 
or rejected by the other. 

17. Every bill shall be read on three different days in each house, 
unless, in case of urgency, two-thirds of the house where such biil may 
be depending shall deem it expedient to dispense with this rule; and 
avery bill, having passed both houses, shall be signed hy the president 
and speaker of their respective houses, 


A 


278 CONSTITUTION OF 


18. The style of the laws of this state shall be,“ Be it enacted by 
the general assembly of the state of Indiana.” 

19. All bills for raising revenue shall originate in the house of repre- 
sentatives, but the senate may amend or reject, as in other bills. 

20. No person holding any office under the authority of the president 
of the United States, or of this state, militia officers excepted, shall be 
eligible to a seat in either branch of the general assembly, unless he re- 
sign his office previous to his election; nor shall any member of either 
branch of the general assembly, during the time for which he is elected, 
be eligible to any office, the appointment of which is vested in the gene- 
ral Giinbly 2 Provided, that nothing in this constitution shall be so 
construed as to prevent any member of the first session of the first gene- 
ral assembly from accepting any office that is created by this constitu- 
tion, or the constitution of the United States, and the salaries of which 
are established. 

* 21. No money shall be drawn from the treasury but in consequence 
of appropriations made by law. 

22. An accurate statement of the receipts and expenditures of the 
public money shall be attached to and published with the laws, ‘at every 
annual session of the general assembly. . 

23. The house of representatives shall have the sole power of im- : 
peaching, but a majority of all the members elected must concur in such 
impeachment. All impeachments shall be tried by the senate, and when | 
sitting for that purpose, the senators shall be upon oath or affirmation to ; 
do justice according to law and evidence; no person shall be convicted 
without the concurrence of a majority of all the senators elected. 

24, The governor, and all civil officers of the state, shall be removed 
from office on impeachment for, and conviction of, treason, bribery, or 
other high crimes and misdemeanours; but judgment in such cases 
shall not extend further than removal from office, and disqualification 
to hold any office of henour, profit, or trust, under this state. The 
party, whether convicted or acquitted, shall nevertheless be liable to 
indictment, trial, judgment, and punishment according to law. 

25. The first session of the general assembly shall commence on the 
first Monday of November next; and for ever after the general as- 
sembly shall meet on the first Monday in December in every year, and 
at no other period, unless directed by law, or provided for by this con- 
stitution. 

26. No person who hereafter may be a collector, or holder of public 
money, shall have a seat in either house of the general assembly, until 
such person shall have accounted for and paid into the treasury all sums 
for which he may be accountable. 


‘ 
al pt AE . 


) 

{ 
: 
q 
; 
a 
q 
‘ 


ARTICLE 4, 


§ 1. The supreme executive power of this state shall be vested in a 
governor, who shall be styled the governor of the state of Indiana. 

2. The governor shall be chosen by the qualified electors on the first 
Monday in August, at the places where they shall respectively vote for 
representatives thereof. The returns of every election for governor shall 
be sealed up and transmitted to the seat of government, directed to the 
speaker of the house of representatives, who shall open and publisk 


INDIANA. 279 


them in presence of both houses of the general assembly; the person 
having the highest number of votes shall be governor: but if two or 
more shall be equal and highest in votes, one of them shall be chosen 
governor by the joint vote of the members of both houses. Contested 
elections shall be determined by a committee to be selected from both 
houses of the general assembly, and formed and rezulated in such man- 
ner as shall be determined by law. 

3. The governor shall hold his office during three years, from and 
after the third day of the first session of the general assembly next 
ensuing this election, and until a successor shall be chosen and qualified ; 
and shall not be capable of holding it longer than six years in any term 
of nine years. i 

4, He shall be at least thirty years of age, and shall have been a citi- 
zen of the United States for ten years, arid have resided in the state five 
years next preceding his election ; unless he shall have been absent 
on the business of this state or of the United States: Provided, that this 
shall not disqualify any person from the office of governor, who shall be 
a citizen of the United States, and shall have resided in the Indiana ter- 
ritory two years next preceding the adoption of this constitution. 

5. No member of congress, or person holding any office under the 
United States, or this state, shall exercise the office of governor or lieu- 
tenant-governor. 

6. The governor shall, at stated times, receive for his services a com- 

pensation which shall neither be increased nor diminished during the term 
for which he shall have been elected. « 
_ '%. He shall be commander-in-chief of the army and navy of this 
state, and of the militia thereof, except when they shall be called into 
the service of the United States; but he shall not command personally 
in the field, unless he shall be advised so to do by a resolution of the 
general assembly. 

8. He shall nominate, and by and with the advice and consent of the 
senate, appoint and commission all officers, the appointment of which is 
not otherwise directed by this constitution ; and all offices which may 
be created by the general assembly shall be filled in such manner as may 
be directed by law. 

9. Vacancies that may happen in offices, the appointment of which 
is vested in the governor and senate, or in the general assembly, shall 
be filled by the governor, during the recess of the general assembly, 
by granting commissions that shall expire at the end of the next session. 

10. He shall have power to remit fines and forfeitures, grant re- 
prieves and pardons, except in cases of impeachment. 

11. He may require information, in writing, from the officers in the 
executive department, upon any subject relative to the duties of their 
respective offices. 

12. He shall, from time to time, give to the general assembly in- 
formation of the affairs of the state, and recommend to their considera- 
tion such measures as he shall deem expedient. 

13. He may, on extraordinary occasions, convene the general assem- 
bly at the seat of government, or at a different place if that shall have 
become, since their last adjournment, dangerous from an enemy, or from 
contagious disorders; and in case of disagreement between the two 
houses with respect to the time of adjournment, adjourn them to such 


280 CONSTITUTION OF 


time as he shall think proper, not beyond the time of the next annual 
session. 

14, He shall take care that the laws be faithfully executed. 

15. A lieutenant-governor shall be chosen at every election for a go- 
vernor, in the same manner, continue in office for the same time, and 
possess the same qualifications. In voting for governor and lieutenant- 
governor, the electors shall distinguish whom they vote for as governor, 
and whom as lieutenant-governor. 

16, He shall, by virtue of his office, be president of the senate : 
have a right, when in committee of the ‘whole, to debate, and vote on 
all subjects, and when the senate are equally divided, to give the casting 
vote, 

17. In case of impeachment of the governor, his removal from office, 
death, refusal to qualify, resignation, or absence from the state, the lieu- 
tenant-governor shall exercise all the powers and authority appertaining 
to the office of governor, until another be duly qualified, or the governor 
absent or impeached shall return or be acquitted. 

18. Whenever the government shall be administered by the lieuten- 
ant-governor, or he shall be unable to attend as president of the senate, 
the senate shall elect one of their own members as president for that 
occasion. And if, during the vacancy of the office of governor, the lieu- 
tenant-governor shall be impeached, removed from office, refuse to qualify, 
resign, die, or be absent from the state, the president of the senate 
pro tem. shall, in like manner, administer the government, until he 
shall be superseded by a governor or lieutenant-governor. The lieu- 
tenant-governor, while he acts as president of the senate, shall receive 
for his services the same compensation which shall, for the same pe- 
riod, be allowed to the speaker of the house of representatives, and no 
more: and during the time he administers the government, as governor, 
shall receive the same compensation which the governor would have 
received and been entitled to, had he been employed in the duties of his 
office, and no more. 

19. The president pro tempore of the senate, during the time he ad- 
ministers the government, shall receive, in like manner, the same com- 
pensation which the governor would have received had he been employed 
in the duties of his office, and no more. 

20. If the lieutenant-governor shall be called upon to administer the 
government, and shall, while in such administration, resign, die, or be 

absent from the state, during the recess of the general assembly, it shall 
be the duty of the secretary of state, for the time being, to convene the 
senate for the purpose of choosing a president pro tempore. 

21. A secretary of state shall be chosen by the joint ballot of both 
houses of the general assembly, and be commissioned by the governor, 
for four years, or until a new secretary be chosen and qualified. He 
shall keep a fair register, and attest all the official acts and proceedings 
of the governor ; and shall, when required, lay the same, and all papers, 
minutes, and vouchers, relative thereto, before either house of the general 
assembly ; and shall perform such other dutics as may be enjoined him 
by law. 

22. Every. bill which shall have passed both houses of the general as- 
sembly, shall be presented to the governor; if he approve, he shall sign 
it; but if not, he shall return it, with hi: objections, to the house mm 


SS ee eee 


INDIANA, 28] 


which it shall have originated, who shall enter the objections at large 
upon their journals, and proceed to reconsider it; if, after such recon- 
sideration, a majority of all the members elected to that house shall 
agree to pass the bill, it shall be sent, with the objections, to the other 
house, by which it shall likewise be reconsidered, and if approved by a 
majority of all the members elected to that house, it shall be a law; but 
in such cases the votes of both houses shall be determined by yeas and 
nays, and the names of the persons voting for and against the bill shall 
be entered on the journals of each house respectively, If any bill shall 
not be returned by the governor within five days (Sundays excepted) 
after it shall have been presented to him, it shall be a law, in like man- 
ner as if he had signed it; unless the general assembly, by its adjourn- 
ment, prevent its return, in which case it shall be a law, unless sent 
back within three days after their next meeting. 

23, Every resolution, to which the concurrence #f both houses may 
be necessary, shall be presented to the governor, and before it shall take 
effect, be approved by him; or, being disapproved, shall be repassed by 
a majority of all the members elected to both houses, according to the 
rules and limitations prescribed in case of a bill. 

24. There shall be elected, by joint ballot of both houses of the ge- 
neral assembly, a treasurer, and auditor, whose powers and duties shall 
be prescribed by law, and who shall hold their offices three years, and 
until their successors be appointed and qualified. 

25. There shall be elected in each county, by the qualified electors 
thereof, one sheriff, and one coroner, at the times and places of holding 
elections for members of the general assembly. They shall continue 
in office two years, and until successors shall be chosen and duly 
qualified: Provided, that no person shall be eligible to the office of 
sheriff more than four years in any term of six years. 

26. There shall be a seal of this state, which shall be kept by the 
governor, and used by himself officially, and shall be called the seal of 
the state of Indiana. 


ARTICLE 5. 


§ 1. The judiciary power of this state, both as to matters of law and 
equity, shall be vested in one supreme court, in circuit courts, and in 
such other inferior courts as the general assembly may, from time to 
time, direct and establish. 

. 2 The supreme court shall consist of three judges, any two of whom 
shall form a quorum, and shall have appellate jurisdiction only, which 
shall be co-extensive with the limits of the state, under such restrictions 
and regulations, not repugnant to this constitution, as may, from time 
to time, be prescribed by law: Provided nothing in this article shall 
be so construed as to prevent the general assembly from giving the 
supreme court original jurisdiction in capital cases and cases in chancery, 
where the president of the circuit court may be interested or prejudiced. 

3. The circuit courts shall consist of a president and two associate 
judges. The state shall be divided by law into three circuits, for each 
of which a president shall be appointed, who, during his continuance in 
office, shall reside therein. ‘The president and associate judges, in their 


tespective counties, shall have common Jaw and chancery jurisdiction, 
. 2A 2 


282 CONSTITUTION OF 


as also complete criminal jurisdiction, in all such cases, and in such 
manner, as may be prescribed by law. The president alone, in the 
absence of the associate judges, or the president and one of the associate 
judges, in the absence of the other, shall be competent to hold a court, 
as also the two associate judges, in the absence of the president, shall 
be competent to hold a court, except in capital cases, and cases in chan- 
cery : Provided, that nothing herein contained shall prevent the general 
assembly from increasing the number of the circuits and presidents, as 
the exigencies of the state may, from time to time, require. 

4, The judges of the supreme court, the circuit and other inferior 
courts, shall hold their offices during the term of seven years, if they 
shall so long behave well, and shall, at stated times, receive for their ser- 
vices a compensation which shall not be diminished during their con- 
tinuance in office. 

5. The judges of the supreme court shall, by virtue of their offices, 
be conservators of the peace throughout the state, as also the presidents 
of the circuit courts in their respective circuits, and the associate judges 
in their respective counties. 

6. The supreme court shall hold its sessions at the seat of govern- 
ment, at such times as shall be prescribed by law; and the circuit 
courts shall be held in the respective counties as may be directed by 
law. 

7. The judges of the supreme court shall be appointed by the go- 
vernor, by and with the advice and consent of the senate. The presi- 
dents of the circuit courts shall be appointed by joint ballot of both 
branches of the general assembly ; and the associate judges of the cir- 
cuit courts shall be elected by the qualified electors in their respective 
counties. 

8. The supreme court shall appoint its own clerk ; and the clerks of 
the circuit court, in the several counties, shall be elected by the qualified 
electors in the several counties, but no person shall be eligible to the 
office of clerk of the circuit court, in any county, unless he shall first 
have obtained from one or more of the judges of the supreme court, or 
from one or more of the presidents of the circuit courts, a certificate 
that he is qualified to execute the duties of the office of clerk of the 
circuit court: Provided, that nothing herein contained shall prevent the 
circuit courts in each county from appointing a clerk pro tem. until a 
qualified clerk may be duly elected: And provided also, that the said 
clerks respectively. when qualified and elected, shall hold their offices 
seven years, and no longer, unless reappointed. 

9, All clerks shall be removable by impeachment, as in other cases. 

10. When any vacancies happen in any of the courts, occasioned by 
the death, resignation, or removal from office, of any judge of the su- 
preme or circuit courts, or any of the clerks of the said courts, a succes- 
sor shall be appointed in the same manner as herein before prescribed, 
who shall hold his office for the period which his predecessor had te 
serve, and no longer, unless reappointed. 

11. The style of all process shall be, The State of Indiana. All pro 
secutions shall be carried on in the name and by the authority of the 
state of Indiana; and all indictments shall conclude, against the peace 
and dignity of the same. : ; 

12. A competent number of the justices of the peace shall be elected 


me gn eoees 


INDIANA. 283 


vy the qualified electors in each township in the several counties, and 
shall continue in office five years, if they shall so long behave well; 
whose powers and duties shall, from time to time, be regulated and de- 
fined by law 


ARTICLE 6, 


§ 1. In all elections not otherwise provided for by this constitution, 
every white male citizen of the United States, of the age of twenty- 
one years and upwards, who has resided in the state one year immedi- 
ately preceding such election, shall be entitled to vote in the county 
where he resides ; except such as shall be enlisted in the army of the 
United States, or their allies. 

2. All elections shall be by ballot: Provided, that the general assem- 
bly may, (if they deem it more expedient,) at their session in eighteen 
hundred and twenty-one, change the mode, so as to vote viva voce ; 
after which time it shall remain unalterable. 

3. Electors shall, in all cases except treason, felony, or breach of the 
peace, be free from arrest in going to, during their attendance at, and in 
returning home from, elections. 

4, ‘The general assembly shall have full power to exclude from elect- 
ing, or being elected, any person convicted of any infamous crime. 

5. Nothing in this article shall be so construed as to prevent citizens 
of the United States, who were actual residents at the time of adopting 
this constitution, and who, by the existing laws of this territory, are en- 
titled to vote, or persons who have been absent from home on a visit or 
necessary business, from the privileges of electors. 


ARTICLE 7. 


§ 1. The militia of the state of Indiana shall consist of all free, able- 
bodied male persons, (negroes, mulattoes, and Indians excepted ) resident 
in the said state, between the ages of eighteen and forty-five years ; ex- 
cept such persons as now are, or hereafter may be, exempted by the 
laws of the United States, or of this state ; and shall be armed, equip- 
ped, and trained, as the general assembly may provide by law. 

2. No person or persons conscientiously scrupulous of bearing arms 
shall be compelled to do militia duty: Provided, such person or per- 
sons shall pay an equivalent for such exemption ; which equivalent shall 
be collected annually, by a civil officer, and be hereafter fixed by law ; 
and shall be equal, as near as may be, to the lowest fines assessed on 
those privates in militia who may neglect or refuse to perform military 
duty. 

3, Captains and subalterns shall be elected by those persons in their 
respective company districts who are subject to perform militia duty ; 
and the captain of each company shall appoint the non-commissioned 
officers to said company. 

4, Majors shall be elected by those persons within the bounds of their 
respective battalion districts, subject to perform militia duty ; and colo- 
nels shall be elected by those persons within the bounds of their respec- 
tive regimental districts, subject to perform militia duty. 

5. Brigadiers-general shall be elected by the commissioned officers 
within the bounds of their respective brigades , and majors-general shall 


284 CONSTITUTION OF 


be elected by the commissioned officers within the bounds of their re- 
spective divisions. 

6. Troops and squadrons of cavalry and companies of artillery, rifle- 
men, grenadiers, or light infantry, may be formed in the said state, in 
such manner as shall be prescribed by law: Provided, however, that 
every troop or squadron of cavalry, company of artillery, riflemen, grena- 
diers, or light infantry, which may hereafter'be formed within the said 
state, shall elect their own officers. 

7. The governor shall appoint the adjutant-general and quarter-mas- 
ter-general, also his aids-de-camp. 

8. Majors-general shall appoint their aids-de-camp, and all other di- 
vision staff-officers ; brigadiers-general shall appoint their brigade-majors, 
and all other brigade staff-officers ; and colonels shall appoint their regi- 
mental staff-oflicers. 

9. All militia officers shall be commissioned by the governor, and 
_ shall hold their commissions during good behaviour, or until they shall 
arrive at the age of sixty years. 

10. The general assembly shall, by law, fix the method of dividing 
the militia of the state into divisions, brigades; regiments, battalions, 
and companies, and shall also fix the rank of all staff-officers. 


ARTICLE 8. 


Every twelfth year after this constitution shall have taken effect, at 
the general election held for the governor, there shall be a poll opened, 
in which the qualified electors of the state shall express, by vote, whe- 
ther they are in favour of calling a convention or not; and if there 
should be a majority of all the votes given at such election, in favour of 
a convention, the governor shall inform the next general assembly thereof, 
whose duty it shall be to provide by law for the election of the members 
to the convention, the number thereof, and the time and place of their 
meeting , which law shall not be passed unless agreed to by a majority 
of all the members elected to both branches of the general assembly ; 
and which convention, when met, shall have-it in their power to revise, 
amend, or change the constitution. But as the holding any part of the 
human creation in slavery, or involuntary servitude, can only originate 
in usurpation and tyranny, no alteration of this constitution shall ever 
take place so as to introduce slavery or involuntary servitude in this 
state, otherwise than for the punishment of crimes, whereof the party 
shall have been duly convicted. 


ARTICLE 9. 


§ 1. Knowledge and learning generally diffused through a community, 
being essential to the preservation of a free government, and spreading 
the opportunities and advantages of education through the various parts 
of the country being highly conducive to this end, it shall be the duty 
of the general assembly to provide by law for the improvement of such 
lands as are, or hereafter may be, granted by the United Siates to this 
state, for the use of schools, and to apply any funds which may be raised 
from such lands, or from any other quarter, to the accomplishment of 
the grand object for which they are or may be mtended. But no lands 
granted for the use of schools or seminaries of learning shall be sold, 


os  ieeaanammmmmams 


INDIANA. 285 


hy the authority of this state, prior to the year eighteen hundred and 
twenty; and the moneys which may be raised out of the sale of any 
such lands, or otherwise obtained for the purposes aforesaid, shall be and 
remain a fund for the exclusive purpose of promoting the interest of 
literature and the sciences, and for the support of seminaries and the 
public schools. The general assembly shall, from time to time, pass 
such laws as shall be calculated to encourage intellectual, scientifical, 
and agricultural improvement, by allowing rewards and immunities for 
the promotion and improvement of arts, sciences, commerce, manufac- 
tures, and natural history ; and to countenance and encourage the prin- 
ciples of humanity, industry, and morality. 

2. It shall be the duty of the general assembly, as soon as circum- 
stances will permit, to provide by law for a general system of education, 
ascending in a regular gradation from township schools to a state uni- 
versity, wherein tuition shall be gratis, and equally open to all, 

3. And for the promotion of such salutary end, the money, which 
shall be paid as an equivalent, by persons exempt from militia duty, ex- 
cept in times of war, shall be exclusively, and in equal proportions, 
applied to the support of county seminaries ; also, all fines assessed for 
any breach of the penal laws, shall be applied to said seminaries, in the 
counties wherein they shall be assessed. 

4. It shall be the duty of the general assembly, as soon as circum- 
stances will permit, to form a penal code, founded on the principles of 
reformation, and not of vindictive justice: And also to provide one or 
more farms to be an asylum for those persons who, by reason of age, 
infirmity, or other misfortunes, may have a claim upon the aid and 
beneficence of society, on such principles that such persons may therein 
find employment and every reasonable comfort, and lose, by their use- 
fulness, the degrading sense of dependence. 

5. The general assembly, at the time they lay off a new county, shall 
cause at least ten per cent. to be reserved out of the proceeds of the sale 
of town lots, in the seat of justice of such county, for the use of a pub- 
lic library for such county ; and at the same session they shall incorpo- 
rate a library company, under such rules and regulations as will best 
secure its permanence, and extend its benefits. 


ARTICLE 10, 


§ 1. There shall not be established or incorporated in this state any 
bank or banking company, or moneyed institution, for the purpose of 
issuing bills of credit, or bills payable to order or bearer: Provided, that 
nothing herein contained shall be so construed as to prevent the general 
assembly from establishing a state bank, and branches, not exceeding 
one branch for any three counties, to be established at such place within 
such counties as the directors of the state bank may select; provided 
there be subscribed and paid in specie, on the part of the individuals, a 
sum equal to thirty thousand dollars: Provided also, that the bank at 
Vincennes, and the Farmers’ and Mechanics’ bank of Indiana, at Madi- 
son, shall be considered as incorporated banks, according to the true 
tenor of the charters granted to said banks by the legislature of the 
Indiana territory: Provided, that nothing herein contained shall be so 
construed as to prevent the general assembly from adopting either of 
the aforesaid banks, as the state bank; and in case either of them shall 


> 


286 CONSTITUTION OF 


bé adopted as the state bank, the other may become a branch, under the 
rules and regulations hereinbefore prescribed. 


ARTICLE Ll. 


§ 1, Every person who shall be chosen or appointed to any office of 
trust or profit under the authority of this state, shall, before entering on 
the duties of said office, take an oath or affirmation, before any person 
lawfully authorized to administer oaths, to support the constitution of 
the United States, and the constitution of this state, and also an oath of 
office. 

2, Treason against this state shall consist only in levying war against 
it, in adhering to its enemies, or giving them aid and comfort. 

3. No person shall be convicted of treason, unless on the testimony of 
two witnesses to the same overt act, or his own confession in open court, 

4, The manner of administering an oath or affirmation shall be such 
as is most consistent with the conscience of the deponent, and shall be 
esteemed the most solemn appeal to God. 

5. Every person shall be disqualitied from serving as governor, lieu- 
tenant-governor, senator, or representative, for the term for which he 
shall have been elected, who shall have been convicted of having given 
or offered any bribe, threat, or reward, to procure his election. 

6. All officers shall reside within the state ; and all district, county, or 
town officers, within their respective districts, counties, or towns, (the 
trustees of the town of Clarksville excepted,) and shall keep their respec- 
tive offices at such places therein as may be directed by law; and all mi- 
litia officers shall reside within the bounds of the division, brigade, regi- 
ment, battalion, or company, to which they may severally belong. 

7. There shall be neither slavery nor involuntary servitude in this 
state, otherwise than for the punishment of crimes, whereof the party 
shall have been duly convicted. Nor shall any indenture of any negro or 
mulatto, hereafter made and executed out of the bounds of this state, be 
of any validity within the state. 

8. No act of the general assembly shall be in force until it shall have 
been published in print, unless in cases of emergency. 

9. All commissions shall be in the name and by the authority of the 
state of Indiana, and sealed with the state seal, and signed by the go- 
vernor, and attested by the secretary of the state. 

10. ‘There shall be elected in each county a recorder, who shall hold 
his office during the term of seven years, if he shall so long behave well : 
Provided, that nothing herein contained shall prevent the clerks of the 
circuit courts from holding the office of recorder. 

11. Corydon, in Harrison county, shall be the seat of government of 
the state of Indiana, until the year eighteen hundred and twenty-five, 
and until removed by law. 

12. The general assembly, when they lay offany new county, shall not 
reduce the old county or counties from which the same shall be taken, 
to a less content than four hundred square miles. 

13. No person shall hold more than one lucrative office at the same 
time, except as in this constitution expressly permitted. 

14. No person shall be appointed as a county officer, within any 
county, who shall not have been a citizen and an inhabitant therein one 
year next preceding an appointment, if the county shall have been so 


oa 


aM 


a re ts 


INDIANA. 287 


long erected ; but if the county shall not have been so long erected, then 
within the limits of the county or counties out of which it shall have 
heen taken. 

15, All towns and township officers shall be appointed in such manner 
as shall be directed by law. 

16. The following officers of government-shall not be allowed greater 
annual salaries, until the year eighteen hundred and nineteen, than as 
follows: the governor, one thousand dollars; the secretary of state, four 
hundred dollars ; the auditor of public accounts, four hundred dollars ; 
the treasurer, four hundred dollars; the judges of the supreme court, 
eight hundred dollars each ; the presidents of the circuit courts, eight 
hundred dollars each ; and the members of the general assembly, not ex- 
ceeding two dollars per day, each, during their attendance on the same, 
and two dollars for every twenty-five miles they shall severally travel, on 
the most usual route, in going to, and returning from the general assem- 
bly ; after which time their pay shall be regulated by law. But no law, 
passed to increase the pay of the members of the general assembly, shall 
take effect until after the close of the session at which such law shall 
have been passed. 

17. In order that the boundaries of the state of Indiana may more 
clearly be known and established, it is hereby ordained and declared, that 
the following shall be and for ever remain the boundaries of the said 
state, to wit: Bounded on the east by the meridian line which forms the 
western boundary of the state of Ohio; on the south, by the Ohio river, 
from the mouth of the Great Miami river to the mouth of the river Wa- 
bash; on the west, by a line drawn along the middle of the Wabash 
river, from its mouth to a point where a due north line, drawn from the 
town of Vincennes, would last touch the north-western shore of the said 
Wabash river ; and from thence, by a due north line, until the same shall 
intersect an east and west line drawn through a point ten miles north 
of the southern extreme of lake Michigan ; on the north, by the said east 
and west line, until the same shall intersect the first mentioned meridian 
line, which forms the western boundary of the state of Ohio. 


ARTICLE 12. 


§ 1. That no evils or inconvenience may arise from the change of a 
territorial government to a permanent state government, it is declared, 
by this constitution, that all rights, suits, actions, prosecutions, recogni- 
zances, contracts, and claims, both as it respects individuals and bodies 
corporate, shall continue as if no change had taken place in this govern- 
ment. 

2. All fines, penalties, and forfeitures, due and owing to the territory 
of Indiana, or any county therein, shall inure to the use of the state or 
county. All bonds executed to the governor, or any other officer, in his 
official capacity, in the territory, shall pass over to the governur or other 
officers of the state or county, and their successors in office, for the use 
of the state or county, or by him or them to be respectively assigned over 
to the use of those concerned, as the case may be. 

3. The governor, secretary, and judges, and all other officers, both 
eivil and military, under the territorial government, shall continue in the 
exercise of the duties of their respective departments, until the said 
officers are superseded under the authority of this constitution. 


288 CONSTITUTION OF 


4, All laws and parts of laws now in force in this territory, not in- 
consistent with this constitution, shall continue and remain in full force 
and effect, until they expire, or be repealed. 

5. The governor shall use his private seal until a state seal be pro- 
cured. 

6. The governor, secretary of state, auditor of public accounts, and 
treasurer, shall severally reside and keep the public records, books, and 
papers, in any manner relating to their respective offices, at the seat of 
government: Provided, notwithstanding, that nothing herein contained 
shall be so construed as to aflect the residence of the governor for the space 
of six months, and until buildings suitable for his accommodation shall 
be procured at the expense of the state. 

7. All suits, pleas, plaints, and other proceedings, now depending in 
any court of record, or justices’ court, shall be prosecuted to final judg- 
ment and execution ; and all appeals, writs of error, certiorari, injunc- 
tion, or other proceedings whatever, shall progress, and be carried on, in 
the respective court or courts, in the same manner as is now provided by 
law, and all proceedings had therein, in as full and complete a manner 
as if this constitution were not adopted. And appeals and writs of error 
may be taken from the circuit court and general court, now established 
in the Indiana territory, to the supreme court, in such manner as shall be 
provided for by law. 

8. The president of this convention shall issue writs of election, di- 
rected to the several sheriffs of the several counties, requiring them to 
cause an election to be held for governor, lieutenant-governor, represen- 
tative to the congress of the United States, members of the general assem- 
bly, sheriffs, and coroners, at the respective election districts in each 
county, on the first Monday in August next: which election shall be 
conducted in the manner prescribed by the existing election laws of the 
Indiana territory ; and the said governor, lieutenant-governor, members 
of the general assembly, sheriffs, and coroners, then duly elected, shall 
continue to exercise the duties of their respective offices for the time 
prescribed by this constitution, and until their successor or successors 
are qualified, and no longer. 

9. Until the first enumeration shall be made, as directed by this con- 
stitution, the county of Wayne shall be entitled to one senator and three 
representatives ; the county of Franklin, one senator and three repre- 
sentatives ; the county of Dearborn, one senator and two representatives ; 
the county of Switzerland, one representative ; and the county of Jeffer - 
son and Switzerland, one senator ; and the county of Jefferson two re- 
presentatives ; the county of Clark, one senator and three representatives ; 
the county of Harrison, one senator and three representatives ; the coun- 
ties of Washington, Orange, and Jackson, one senator, and the county 
of Washington, two representatives ; the counties of Orange and Jack- 
son, one representative each ; the county of Knox, one senator and three 
representatives; the county of Gibson, one senator and two representa- 
tives ; the counties of Posey, Warrick, and Perry, one senator, and each 
of the aforesaid counties of Posey, Warrick, and Perry, one representa- 
tive. 

10. All books, records, documents, warrants, and papers, appertaining 
and belonging to the office of territorial treasurer of the Indiana territory, 
snd all moneys therein, and all papers and dccuments in the office of the 


INDIANA. 289 


secretary of said territory, shall be disposed of as the general assembly 
of this state may direct. 

11. All suits, actions, pleas, plaints, prosecutions, and causes whatso- 
ever, and all records, books, papers, and documents, now in the general 
court, may be transferred to the supreme court established by this con- 
stitution: And all causes, suits, actions, pleas, plaints, and prosecutions 
whatsoever, now existing or pending in the circuit courts of this terri- 
tory, or which may be therein at the change of government, and all 
records, books, papers, and documents, relating to the said suits or filed 
in the said courts, may be transferred over to the circuit courts estab- 
lished by this constitution, under such rules and regulations asthe gene- 
ral assembly may direct. 


Done in convention, at Corydon, on the twenty-ninth day of June, in 
the year of our Lord eighteen hundred and sixteen, and of the inde- 
pendence of the United States the fortieth. 


In witness whereof, we have hereunto subscribed our names. 


JONATHAN JENNINGS, 
President of the Convention. 


Thomas Carr, Nathaniel Hunt, 
John K. Graham, David H. Maxwell, 
James Lemon, Samuel Smock, 
James Scott, ~ John Badollet, 
James Dill, John Benefiel, 
Ezra Ferris, Jno. Johnson, 
Solomon Manwaring, Wm. Polke, 
James Brownlee, B. Parke, 
William H. Eads, Charles Polke, 
Robert Hanna, Dann Lynn, 
Enoch M’Carty, William Cotton, 
James Noble, John De Pauw, 
Alexander Devin, William Graham, 
Fred. Rapp, William Lowe, 
David Robb, Samuel Milroy, 
James Smith, Robert M’Intire, 
John Boone, Patrick Baird, 
Davis Floyd, Jeremiah Cox, 
Daniel C. Lane, Hugh Cull, 
Dennis Pennington, Joseph Holman. 


Patrick Shields, Pp 
Attest, Wuitiiam Henpricxs, Secrecary. 


ORDINANCE. 


Be it ordained by the representatives of the people of the territory 
of Indiana, in convention met, at Corydon, on Monday, the tenth day 
of June, in the year of our Lord eighteen hundred und sixteen, That 
we do, for ourselves and our posterity, agree, determine, declare, and or- 
dain, that we will, and do pind ea the propositions of the congress 


290 CONSTITUTION OF 


of the United States, as made and contained in their act of the nine- 
teenth day of April, eighteen hundred and sixteen, entitled, “ An act to 
enable the people of the Indiana territory, to form a state government 
and constitution, and for the admission of such state into the Union, on 
an equal footing with the original states.” 

And we do further, for ourselves and our posterity, hereby ratify, con- 
firm, and establish the boundaries of the said state of Indiana, as fixed, 
prescribed, laid down, and established, in the act of congress aforesaid ; 
and we do, also, further, for ourselves and our posterity, hereby agree, 
determine, declare, and ordain, that each and every tract of land sold by 
the United States, lying within the said state, and which shall be sold 
from and after the first day of December next, shall be and remain ex- 
empt from any tax laid by order or under any authority of the said state 
of Indiana, or by or under the authority of the general assembly thereof, 
whether for state, county, or township, or any other purpose whatever, 
for the term of five years from and after the day of sale of any such tract 
of land; and we do, moreover, for ourselves and our posterity, hereby 
declare and ordain, that this ordinance, and every part thereof, shall for 
ever be and remain irrevocable and inviolate, without the consent of the 
United States, in congress assembled, first had and obtained for the 
alteration thereof, ur any part thereof. 


JONATHAN JENNINGS, 
President of the Convention. 
June 29th, 1816. 


Attest, Witt1am Henpricks, Secretary. 


CONSTITUTION OF LOUISIANA. 


Constitution or form of Government of the State of Louisiana. 


We, the representatives of the people of all that part of the territory 
or county ceded under the name of Louisiana, by the treaty made at 
Paris, on the 30th day of April, 1803, between the United States and 
France, contained in the following limits, to wit: beginning at the mouth 
of the river Sabine ; thence, by a line to be drawn along the middle of said 
river including all islands, to the thirty-second degree of latitude ; thence, 
due north, to the northernmost part of the thirty-third degree of north 
latitude ; thence along the said parallel of latitude, to the river Missis- 
sippi; thence, down the said river, to the river Iberville, and from thence, 
along the middle of the said river, and lakes Meurepas and Ponchartrain 
to the gulf of Mexico; thence bounded by the said gulf, to the place of 
beginning, including all islands within three leagues of the coast; in 
convention assembled, by virtue of an act of congress, entitled, “ An act 
to enable the people of the territory of Orleans to form a constitution 
and state government, and for the admission of the said state into the 


LOUISIANA. - 291 


Union, on an equal footing with the original states, and for other pur- 
poses ;” in order to secure to all the citizens thereof the enjoyment of the 
rights of life, liberty, and property, do ordain and establish the following 
constitution or form of government, and do mutually agree with each 
other to form ourselves into a free and independent state, by the name 
of the State of Louisiana. 


ARTICLE l, 
Concerning the distribution of the powers of Government. 


§ 1. The powers of the government of the state of Louisiana shall be 
divided into three distinct departments, and each of them be confined 
to a separate body of magistracy, to wit: those which are legislative, 
to one ; those which are executive, to another ; and those which are judi- 
ciary, to another. 

2. No person, or collection of persons, being one of those departments, 
shall exercise any power properly belonging to either of the others ; ex- 
cept in the instances hereinafter expressly directed or permitted. 


ARTICLE 2. 
Concerning the Legislative Department. 


§ 1. The legislative power of this state shall be vested in two distinct 
branches ; the one to be called the house of representatives, the other the 
senate ; and both together the general assembly of the state of Louisiana. 

2. The members of the house of representatives shall continue in ser- 
vice for the term of two years, from the day of the commencement of the 
general election. 

3. Representatives shall be chosen on the first Monday in July, every 
two years ; and the general assembly shall convene on the first Monday 
in January, in every year, unless a different day be appointed by law; 
and their sessions shall be held at the seat of government. 

4, No person shall be a representative who, at the time of his election, 
is not a free white male citizen of the United States, and hath not at- 
tained the age of twenty-one years, and resided in this state two years 
next preceding his election, and the last year thereof in the county of 
which he may be chosen, or in the district for which he is elected, in 
case the said counties may be divided into separate districts of election, 
and has not held for one year, in the said county or district, landed pro- 
perty to the value of five hundred dollars, agreeably to the tax list. 

5. Elections for representatives for the several counties entitled to re- 
presentation, shall be held at the places of holding their respective courts, 
or in the several election precincts into which the legislature may think 
proper from time to time to divide any or all of those counties. 

6. Representation shall be equal and uniform in this state ; and shall 
be for ever regulated and ascertained by the number of qualified electors 
therein. In the year one thousand eight hundred and thirteen, and 
every four years thereafter, an enumeration of all the electors shall be 
made in such manner as shall be directed by law. ‘The number of re- 
presentatives shall, in the several years of making these enumerations, 
be so fixed as not to be less than twenty-five nor more than fifty. 


292 CONSTITUTION OF 


7. The house of representatives shall choose its speaker and other 
officers. 

8. In all elections for representatives, every free white male citizen of 
the United States, who, at the time being, hath attained to the age of 
twenty-one years, and resided in the county in which he offers to vote 
for one year next preceding the election, and who in the last six months 
prior to the said election shall have paid a state tax, shall enjoy the rights 
ef an elector: Provided, however, that every free white male citizen of 
the United States, who shall have purchased lands from the United 
States, shall have the right of voting whenever he shall have the other 
qualifications of age and residence above prescribed. Electors shall, in 
all cases except treason, felony, breach or surety of the peace, be privi- 
leged from arrest during their attendance at, going to, or returning from 
elections. 

9, The members of the senate shall be chosen for the term of four 
years ; and when assembled, shall have the power to choose its officers 
annually. . 

10. The state shall be divided into fourteen senatorial districts, which 
shall for ever remain indivisible, as follows: the parish of St. Bernard 
and Plaquemine ; including the country above as far as the canal (des 
pecheurs) on the east of the Mississippi, and on the west as far as Ber- 
nody’s canal, shall form one district. The city of New Orleans, begin- 
ning at the Nuns’ Plantation above, and extending below as far as the 
above-mentioned canal, (des pecheurs,) including the inhabitants of the 
Bayou St, John, shall form the second district. The remainder of the 
county of Orleans shall form the third district. The counties of German 
Coast, Acadia, Lafourche, Iberville, Point Coupee, Concordia, Attakapas, 
Oppelousas, Rapides, Nachitoches, and Ouachitta, shall each form one dis- 
trict, and each district shall elect a senator. 

11. At the first session of the general assembly after this constitution 
takes effect, the senators shall be divided by lot, as equally as may be, 
into two classes; the seats of the senators of the first class shall be va- 
cated at the expiration of the second year, and of the second class at the 
expiration of the fourth year, so that a rotation shall be chosen every 
two years, and one-half thereby be kept up perpetually. 

12. No person shall be a senator who, at the time of his election, is 
not a citizen of the United States, and who hath not attained to the age 
of twenty-seven years ; resided in this state four years next preceding his 
election, and one year in the district in which he may be chosen: and 
unless he holds within the same a landed property of the value of one 
thousand dollars, agreeably to the tax list. 

13. The first election for senators shall be general throughout the 
state, and at the same time that the general election for representa- 
tives is held; and thereafter there shall be a biennial election of sena- 
tors to fill the places of those whose time of service may have expired. 

14, Not less than a majority of the members of each house of the 
general assembly shall form a quorum to do business; but a smaller 
number may adjourn from day to day, and shall be authorized by law to 
compel the attendance of absent members, in such manner and under 
such penalties as may be prescribed thereby. 

15. Each house of the general assembly shall judge of the qualifica- 


LOUISIANA. 293 


tions, elections, and returns of its members; but a contested election 
shall be determined in such manner as shall be directed by law. 

16. Each house of the general assembly may determine the rules of 
its proceedings; punish a member for disorderly behaviour ; and with 
the concurrence of two-thirds, expel a member, but not a second time 
for the same offence. 

17. Each house of the general assembly shall keep and publish 
weekly a journal of its proceedings; and the yeas and nays of the 
members on any question shall, at the desire of any two of them, be en- 
tered on their journal. 

18. Neither house, during the session of the general assembly, shall, 
without the consent of the other, adjourn for more than three days, nor 
to any other place than that in which they may be sitting. 

19. ‘The members of the general assembly shall severally receive from 
the public treasury a compensation for their services, which shall be 
four dollars per day, during their attendance at, going to, and return- 
ing from, the sessions of their respective houses. Provided, that the 
same may be increased or diminished by law; but no alteration shall 
take effect during the period of service of the members of the house 
of representatives by whom such alteration shall have been made. 

20. The members of the general assembly shall, in all cases except 
treason, felony, breach or surety of the peace, be privileged from arrest, 
during their attendance at the sessions of their respective houses, and 
in going to or returning from the same; and for any speech or debate 
in either house, they shall not be questioned in any other place. 

21. No senator or representative shall, during the term for which he 
was elected, or one year thereafter, be appointed or elected to any 
civil office of profit under this state, which shall have been created, or 
the emoluments of which shall have been increased, during the time 
such senator or representative was in office, except to such offices or 
appointments as may be filled by the elections of the people. 

22. No person, while he continues to exercise the functions of a cler- 
gyman, priest, or teacher, of any religious persuasion, society, or sect, 
shall be eligible to the general assembly, or to any office of profit or trust 
under this state. 

23. No person who at any time may have been a collector of taxes 
for the state, or the assistant or deputy of such collector, shall be eligible 
to the general assembly until he shall have obtained a quietus for the 
amount of such collection, and for all public moneys for which he may 
be responsible. 

24, No bill shall have the force of a law until, on three several days, 
it be read over in each house of the general assembly, and free dis- 
cussion allowed thereon: unless in case of urgency four-fifths of the 
house, where the bill shall be depending, may deem it expedient to dis- 
pense with this rule. 

25. All bills for raising revenue shall originate in the house of 
representatives, but the senate may propose amendments as in other 
bills : provided, that they shall not introduce any new matter, under the 
colour of an amendment, which does not relate to raising a revenue. 

26. The general assembly shall regulate by law, by whom and in what 
‘nanner writs of election shall be issued to fill the vacancies which may 


happen in either branch thereof. 
; 2B 2 


» 


294 CONSTITUTION OF 


ARTICLE 3, 
Concerning the Executive Department. 


§ 1. The supreme executive powers of this state shall be vested in 
a chief magistrate, who shall be styled the governor of the state of 
Louisiana. 

2. The governor shall be elected for the term of four years, in the 
following manner: the citizens entitled to vote for representatives shall 
vote for a governor, at the time and place of voting for representa- 
tives and senators. Their votes shall be returned by the persons pre- 
siding over the elections to the seat of government, addressed to the 
president of the senate; and on the second day of the general assem- 
bly the members of the two houses shall meet in the house of repre- 


sentatives, and immediately after the two candidates who shall have, 


obtained the greatest number of votes shall be balloted for, and the one 
having a majority of votes shall be governor: Provided, however, that 
if more than two candidates have obtained the highest number of votes, 
it shall be the duty of the general assembly to ballot for them in the 
manner above prescribed; and in case several candidates should obtain 
an equal number of votes next to the candidate who has obtained the 
highest number, it shall be the duty of the general assembly to select in 
the same manner the candidate who is to be balloted for, with him who 
has obtained the highest number of votes. 

3. The governor shall be ineligible for the succeeding four years after 
the expiration of the time for which he shall have been elected. 

4. He shall be at least thirty-five years of age, and a citizen of the 
United States, and have been an inhabitant of this state at least six 
years preceding his election, and shall hold in his own right a landed 
estate of five thousand dollars value agreeably to the tax list. 

5, He shall commence the execution of his office on the fourth Mon- 
day succeeding the day of his election, and shall continue in the execu- 
tion thereof until the end of four weeks next succeeding the election 
of his suecessor, and until his successor shall have taken the oath or 
affirmation prescribed by this constitution. 

6. No member of congress, or person holding any office under the 
United States, or minister of any religious society, shall be eligible to 
the office of governor. 

-%. The governor shall, at stated times, receive for his services a com- 
pensation which shall neither be increased nor diminished during the 
term for which he shall have been elected. 

8, He shall be commander-in-chief of the army and navy of this state, 
aad of the militia thereof, except when they shall be called into the 
service of the United States; but he shall not command personally in 
the field, unless he shall be advised so to do by a resolution of the gene- 
ral assembly. 

9, He shall nominate and appoint, with the advice and consent of the 
senate, judges, sheriffs, and all other officers whose offices are established 
by this constitution, and whose appointments are not herein otherwise 
provided for: Provided, however, that the legislature shall have a right 
to prescribe the mode of appointment of all other offices to be established 
by law. 

10, ‘he governor shall have power to fill up vacancies that may hap 


: 


| 
| 


LOUISIANA. . 295 


pen during the recess of the legislature, by granting commissions which 
shall expire at the end of the next session. 

11. He shall have power to remit fines and forfeitures, and except in 
cases of impeachment, to grant reprieves and pardons, with the appro- 
bation of the senate. In cases of treason he shall have power to grant 
reprieves, until the end of the next session of the general assembly, in 
which the power of pardoning shall be vested. 

12. He may require information in writing from the officers in the 
executive department upon any subject relating to the duties of their 
respective offices. 

13. He shall from time to time give to the general assembly information 
respecting the situation of the state, and recommend to their considera- 
tion such measures as he may deem expedient. 

14, He may on extraordinary occasions convene the general assembly 
at the seat of government, or at a difierent place, if that should have 
become dangerous from an enemy or from contagious disorders; and 
in case of disagreement between the two houses, with respect to the time 
of adjournment, he may adjourn them to such time as he may think 
proper, not exceeding four months. 

15. He shall take care that the laws be faithfully executed. 

16. It shall be his duty to visit the different counties at least once in 
every two years, to inform himself of the state of the militia and the 
general condition of the country. 

17. In case of the impeachment of the governor, his removal from 
office, death, refusal to qualify, resignation or absence from the state, the 
president of the senate shall exercise all the power and authority ap- 
pertaining to the office of governor, until another be duly qualified, or 
the governor absent or impeached shall return or be acquitted. 

18. The president of the senate, during the time he administers the 
government, shall receive the same compensation which the governor 
would have received, had he been employed in the duties of his office. 

19. A secretary of state shall be appointed and commissioned during 
the term for which the governor shall have been elected, if he shall so 
long behave himself well: he shall keep a fair register, and attest all 
official acts and proceedings of the governor; and shall, when required, 
lay the same, and all papers, minutes, and vouchers relative thereto, 
before either house of the general assembly: and shall perform such 
cther duties as may be enjoined him by law. 

20. Every bill which shall have passed both houses shall be present- 
ed to the governor; if he approve, he shall sign it; if not, he shall re- 
turn it with his objections to the house in which it shall have originated ; 
who shall enter the objections at large upon their journal, and proceed 
to reconsider it; if, after such reconsideration, two-thirds of all the mem- 
bers elected to that house shall agree to pass the bill, it shall be sent 
with the objections to the other house, by which it shall likewise be re- 
considered, and if approved by two-thirds of all the members elected to 
that house, it shall be a law; but in such cases, the votes of both houses 
shall be determined by yeas and nays, and the names of the members 
voting for and against the bill shall be entered on the journal of each 
house respectively: if any bill shall not be returned by the governor 
within ten days (Sundays excepted) after it shall have been presented 
to him, it shall be a law in like manner as if he had signed it, unless 


296 CONSTITUTION OF 


the general assembly by their adjournment prevent its return, in which 
case it shall be a law, unless sént back within three days after their next 
meeting. ' 

21. Every order, resolution, or vote, to which the concurrence of both 
houses may be necessary, except on a question of adjournment, shall be 
presented to the governor, and, before it shall take effect, be approved by 
him; or, being disapproved, shall be repassed by two-thirds of both 
houses. 

22. The free white men of this state shall be armed and disciplined 
for its defence; but those who belong to religious societies whose 
tenets forbid them to carry arms, shall not be compelled to do so, but 
shall pay an equivalent for personal service. 

23. The militia of this state shall be organized in such manner as 
may hereafter be deemed most expedient by the legislature. 


ARTICLE 4, 
Concerning the Judiciary Department. 


§ 1. The judiciary powers shall be vested in a supreme court and in- 
ferior courts. 

2. The supreme court shall have appellate jurisdiction only, which 
jurisdiction shall extend to all civil cases when the matter in dispute 
shall exceed the sum of three hundred dollars. 

3. The supreme court shall consist of not less than three judges, nor 
more than five; the majority of whom shall form a quorum: each of 
said judges shall receive a salary of five thousand dollars annually. 
The supreme court shall hold its sessions at the places hereinafter men- 
tioned ; and for that purpose the state is hereby divided into two dis- 
tricts of appellate jurisdiction, in each of which the supreme court shall 
administer justice, in the manner hereafter prescribed. The eastern 
district to consist of the counties of New Orleans, German Coast, Aca- 
dia, Lafourche, Iberville, and Point Coupee. The western district to 
consist of the counties of Attakapas, Oppelousas, Rapides, Concordia, 
Natchitoches, and Ouachitta. The supreme court shall hold its ses- 
sions in each year, for the eastern district, in December, January, Ieb- 
ruary, March, April, May, June, and July ; and for the western district, 
at the Oppelousas, during the months of August, September, and Octo- 
ber, for five years: Provided, however, that every five years the legisla- 
ture may change the place of holding said court in the western district. 
The said court shall appoint its own clerks. 

4, The legislature is authorized to establish such inferior courts as 
may be convenient to the administration of justice. 

5. The judges, both of the supreme and inferior courts, shall hold 
their-offices during good behaviour ; but, for any reasonable cause which 
shall not be sufficient ground for impeachment, the governor shall re- 
move any of them, on the address of three-fourths of each house of the 
general assembly : Provided, however, that the cause or causes for which 
such removal may be required shall be stated at length in the address, 
and inserted on the journal of each house. 

6. The judges, by virtue of their office, shall be conservators of the 
peace throughout the state ; the style of all process shall be “ 'The State 
of Louisiana.’ All prosecutions shall be carried on in the name and by 


LOUISIANA. 297 


+ 


the authority of the state of Louisiana, and conclude, against the peace 
and dignity of the same. = 

7. There shall be an attorney-general for the state, and as many other 
prosecuting attorneys for the state as may be hereafter found necessary. 
The said attorneys shall be appointed by the governor, with the ad- 
vice and approbation of the senate. Their duties shall be determined 
by law. 

8. All commissions shall be in the name and by the authority of the 
state of Louisiana, and sealed with the state seal, and signed by the go- 
vernor. 

9, The state treasurer, and printer or printers of the state shall be ap- 
pointed, annually, by the joint vote of both houses of the general assem- 
bly: Provided, that during the recess of the same, the governor shall 
have power to fill vacancies which may happen in either of the said 
offices. 

10. The clerks of the several courts shall be removable for breach of 
good behaviour by the court of appeals only, who shall be judge of the 
fact as well as of the law. 

11. The existing Jaws in this territory, when this constitution goes 
into effect, shall continue to be in force until altered or abolished by the 
legislature : Provided, however, that the legislature shall never adopt any 
system or code of laws, by a general reference to the said system or 
code: but in all cases shall specify the several provisions of the laws it 
may enact. 

12. The judges of all courts within this state shall, as often as it may 
be possible so to do, in every definite judgment, refer to the particular 
law in virtue of which such judgment is founded, 


ARTICLE 5. 


Concerning Impeachment. 


.§ 1. The power of impeachment shall be vested in the house of re- 
presentatives alone. 

2. All impeachments shall be tried by the senate. When sitting for 
that purpose, the senators shall be upon oath or affirmation ; and no per- 
son shall be convicted without the concurrence of two-thirds of the 
members present. 

3. The governor and all the civil officers shall be liable to impeach- 
ment for any misdemeanour in office ; but judgment, in such cases, shall 
not extend further than to removal from office, and disqualification to 
hold any office of honour, trust, or profit, under this state ; but the par- 
ties convicted shall, nevertheless, be liable and subject to indictment, 
trial, and punishment, according to law. 


ARTICLE 6. 


General Provisions. 


§ 1. Members of the general assembly, and all officers, executive and 
judicial, before they enter upon the execution of their respective offices, 
shall take the following oath or aflirmation: “I (A. B.) do solemnly 
swear (or affirm) that I will faithfully and impartially discharge and 
perform all the duties incumbent on me, as , according to the 


298 CONSTITUTION OF 


best of my abilities and understanding, agreeably to the rules and regu- 
lations of the constitution and the laws of this state: so help me Ged.” 

2. Treason against the state shall consist only in levying war against 
it, or in adhering to its enemies, giving them aid and comfort. No per- 
son shall be convicted of treason, unless on the testimony of two wit- 
nesses to the same overt act, or his confession in open court. 

3. Every person shall be disqualified from serving as governor, sena- 
tor, or representative, for the term for which he shall have been elected, 
who shall have been convicted of having given or offered any bribe to 
procure his election. 

4. Laws shall be made to exclude from office and from suffrage those 
who shall thereafter be convicted of bribery, perjury, forgery, or other 
high crimes and misdemeanours. The privilege of free suffrage shall be 
supported by laws regulating elections, and prohibiting, under adequate 
penalties, all undue influence thereon, from power, bribery, tumult, or 
other improper practices. 

5. No money shall be drawn from the treasury but in pursuance of 
appropriations made by law; nor shall any appropriation of money, for 
the support of an army, be made for a longer term than one year; and 
a regular statement and account of the receipts and expenditures of all 
public moneys shall be published annually. 

6. It shall be the duty of the general assembly to pass such laws as 
may be necessary and proper to decide differences by arbitrators, to be 
appointed by the parties who may choose that summary mode of adjust- 
ment. 

7. All civil officers for the state at large shall reside within the state ; 
and all district or county officers, within their respective districts or 
counties, and shall keep their respective offices at such places therein as 
may be required by law. 

8. The legislature shall determine the time of duration of the several 
public offices, when such time shall not have been fixed by the constitu- 
tion ; and all civil officers, except the governor, and judges of the supe- 
rior and inferior courts, shall be removable by an address of two-thirds 
of the members of both houses; except those, the removal of whom 
has been otherwise provided for by this constitution. 

9. Absence on the business of this state or of the United States shall 
not forfeit a residence once obtained, so as to deprive any one of the 
rights of suffrage, or of being elected or appointed to any office under 
this state, under the exceptions contained in this constitution. 

10. It shall be the duty of the general assembly to regulate by law 
in what cases and what deduction from the salaries of public officers 
shall be made for neglect of duty in their official capacity. 

11. Return of all elections for the members of the general assembly 
~ shall be made to the secretary of state for the time being. 

12. The legislature shall point out the manner in which a man coming 
into the country shall declare his residence, 

13. In all elections by the people, and also by the senate and house 
of representatives, jointly or separately, the votes shall be given by 
ballot. 

14, No member of congress, nor person holding or exercising any 
office of trust or profit under the United States, or either of them, or 


LOUISIANA. 299 


under any foreign powers, shall be eligible us a member of the general 
assembly of this state, or hold or exercise any office of trust or profit 
under the same. : 

15. All laws that may be passed by the legislature of the state of 
Louisiana, and the judicial and legislative written proceedings of the 
same, shall be promulgated, preserved, and conducted, in the language 
in which the constitution of the United States is written. 

16. The general assembly shall direct by law how persons who now 
are or may hereafter become securities for public officers, may be returned 
or discharged on account of such securityship. 

17. No power of suspending the laws of this state shall be exercised, 
unless by the legislature or its authority. 

18. In all criminal prosecutions, the accused shall have the right of 
being heard, by himself or counsel : of demanding the nature and cause 
of the accusation against him: of meeting the witnesses face to face: 
of having compulsory process for obtaining witnesses in his favour ; and, 
in prosecutions by indictment, or information, a speedy public trial by an 
impartial jury of the vicinage; nor shall he be compelled to give evi- 
dence against himself. 

19. All prisoners shall be bailable by sufficient securities, unless for 
capital offences, where the proof is evident or presumption great; and 
the privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may re- 
quire it. 

20. No ex post facto law, nor any law impairing the obligation of 
contracts, shall be passed. ; 

21. Printing presses shall be free to every person who undertakes to 
examine the proceedings of the legislature, or any branch of the govern- 
ment: and no law shall ever be made to restrain the right thereof. The 
free communication of thoughts and opinions is one of the invaluable 
rights of man, and every citizen may freely speak, write, and print on 
any subject, being responsible for the abuse of that liberty. 

22. Emigration from the state shall not be prohibited. . 

23. The citizens of the town of New Orleans shall have the right of 
appointing the several public officers necessary for the administration 
and the police of the said city, pursuant to the mode of election which 
shall be prescribed by the legislature: Provided, that the mayor and re- 
corder shall be ineligible to a seat in the general assembly. 

24, The seat of government shall continue at New Orleans until re- 
moved by law. 

25. All laws contrary to this constitution shall be null and void. 


ARTICLE 7, 
Mode of Revising the Constitution. 


§ 1. When experience shall point out the necessity of amending this 
constitution, and a majority of all the members elected to each house of 
the general assembly shall, within the first twenty days of their stated 
annua. session, concur in passing a law, specifying the alterations in- 
tended to be made, for taking the sense of the good people of this state, 
as to the necessity and expediency of calling a convention, it shall be 
the duty of the several returning officers, at the next gencral election 


300 CONSTITUTION OF 


which shall be held for representatives after the passage of such law, to 
open a poll for, and make return to the secretary for the time being, of 
the names of all those entitled to vote for representatives, who have voted 
for calling a convention ; and if thereupon it shall appear that a ma- 
jority of all the citizens of this state, entitled to vote for representatives, 
have voted for a convention, the general assembly shall direct that a 
similar poll shall be opened and taken from the next year; and if there- 
upon it shall appear that a majority of all the citizens of this state enti- 
tled to vote for representatives have voted for a convention, the general 
assembly shall, at their next session, call a convention, to consist of as 
many members as there shall be in the general assembly, and no more ; 
to be chosen in the same manner and proportion, at the same places, 
and at the same time, that representatives are, by citizens entitled to vote 
for representatives ; and to meet within three months after the said elec 
tion for the purpose of readopting, amending, or changing this constitu- 
tion. But if it shall appear, by the vote of either year, as aforesaid, 
that a majority of all the citizens entitled to vote for representatives did 
not vote for a convention, a convention shall not be called. 


SCHEDULE. 


§ 1. That no inconveniences may arise from a change of a territorial 
‘oa permanent state government, it is declared by the convention, that 
all rights, suits, actions, prosecutions, claims, and contracts, both as it 
respects individuals and bodies corporate, shall continue as if no change 
had taken place in this government, in virtue of the Jaws now in force. 

2. All fines, penalties, and forfeitures, due and owing to the territory 
of Orleans shall inure to the use of the state. All bonds executed to 
the governor, or any other officer in his official capacity in the territory, 
shall pass over to the governor, or to the officers of the state, and their 
successors in office, for the use of the state, by him or by them to be re- 
spectively assigned over to the use of those concerned, as the case 
may be. 

3. The governor, secretary, and judges, and all other officers under 
the territorial government, shall continue in the exercise of the duties of 
their respective departments until the said officers are superseded under 
the authority of the constitution. 

4, All laws now in force in this territory, not inconsistent with this 
constitution, shall continue and remain in full effect until repealed by 
the legislature. 

5. The governor of this state shall make use of his private seal, until 
a state seal be procured. 

6. The oaths of office herein directed to be taken may be administered 
by any justice of the peace, until the legislature shall otherwise direct. 

7. At the expiration of the time after which this constitution is to go 
into operation, or immediately after official information shall have been 
received that congress have approved of the same, the president of the 
convention shall issue writs of election to the proper officers in the dif- 
ferent counties, enjoining them to cause an election to be held for gover- 
nor and members of the general assembly, in each of their respective dis- 
tricts. The election shall commence on the fourth Monday following 
the day of the president’s proclamation, and shall take place on the same 


LOUISIANA. 301 


day throughout the state. The mode and duration of the said election 
shall be determined by the laws now in force: Provided, however, that 
in case of absence or disability of the president of the convention to 
cause the said election to be carried into effect, the secretary of the con- 
vention shall discharge the duties hereby imposed on the president ; and 
that in case of the absence of the secretary, a committee of Messrs. 
Blanque, Brown, and Urquhart, or a majority of them, shall discharge 
the duties herein imposed on the secretary of the convention ; and the 
members of the general assembly thus elected, shal] assemble on the 
fourth Monday thereafter, at the seat of government. The governor and 
members of the general assembly, for this time only, shall enter upon the 
duties of their respective offices immediately after their election, and 
shall continue in office in the same manner, and during the same period, 
they would have done had they been elected on the first Monday of 
July, 1812. 

8. Until the first enumeration shall be made, as directed in the sixth 
section of the second article of this constitution, the county of New Or- 
leans shall be entitled to six representatives, to be elected as follows: one 
by the first senatorial district within the said county, four by the second 
district, and one by the third district; the county of German Coast to 
two representatives ; the county of Acadia to two representatives ; the 
county of Iberville to two representatives ; the county of Lafourche to 
two representatives, to be elected as follows: one by the parish of As- 
sumption, and the other by the parish of the Interior ; the county of Ra- 
pides to two representatives; the county of Natchitoches to one repre- 
sentative; the county of Concordia to one representative ; the county of 
Ouachitta to one representative ; the county of Oppelousas to two repre- 
sentatives ; the county of Attakapas to three representatives, to be elected 
as follows : two by the parish of St. Martin, and the third by the parish 
of St. Mary ; and the respective senatorial districts, created by this con- 
stitution, to one senator each. 


Done in convention, at New Orleans, the 22d day of the month of 
January, in the year of our Lord 1812, and of the independence of 
the United States of America the 36th. 


J. POYDRAS, President of the Convention. 


Bela Hubbard, jr. 
St. Martin, 
H. 8S. Thibodaux, 


J. D. Degoutin Bellesschase, 
J. Blanque, 
F. J. Le Breton D’Orgenoy, 


Mgre. Guichard, 

S. Henderson, 

P. Dennis de la Ronde, 
F. Livandais, 
Bernard Marigny, 
Thomas Urquhart, 
J. Villere, 

John Watkins, 
Samuel Winters, 
James Brown, 

J. N. Destrehan, 
Andre La Branche, 


S. Hiriart, 

Robert Hall, 

T. F. Oliver, 

Levi Wells, 

P. Bossier Prud’liomme, 
James Dunlap, 

D. B. Morgan, 
Henry Bry, 

Allen B. Magruder; 
D. J. Sutton, 

John Thompson, 
Louis De Blanc, 


302 ' GONSTITUTION OF 


Michel Cantrelle, Henry Johnson, 

G. Roussin, W.C. Maquille, 
Amant Hebert, Charles Oliver, 
Wn. Wikoff, jr. Alexander Porter, jr. 
Wm. Goforth, M. L. Reynaud. 


Attest, Exzstus Fromentin, Secretary to the Convention. 


AN ORDINANCE 


Relating to the public lands of the United States, and the lands of 
non-resident proprietors, citizens of said states, within the terri- 
tory of Orleans. 


Bz it ordained, by the representatives of the people of the territory of 
Orleans, in convention assembled, agreeably to an act of congress, en- 
titled “ An act to enable the people of the territory of Orleans to form a 
constitution and state government, and for the admission of such state 
into the Union, on an equal footing with the original states, and for 
other purposes,” that the people inhabiting the said territory do agree 
and declare, that they do for ever disclaim all right or title to the waste 
or unappropriated lands lying within the said territory; and that the 
same shall be and remain at the sole and entire disposition of the United 
States. 

And be it further ordained, by the authority aforesaid, that each and 
every tract of land sold by congress, shall be and remain exempt from 
any tax, laid by the order, or under the authority of the state of Louisi- 
ana, whether for state, county, township, parish, or any other purpose 
whatever, for the term of five years, from and after the respective days 
of the sales thereof; and that the lands belonging to the citizens of the 
United States, residing without the said state, shall never be taxed higher 
than the lands belonging to persons residing therein : and that no taxes 
shall be imposed on lands the property of the United States. 

And be it further ordained, by the authority aforesaid, that this ordi- 
nance shall never be revoked, without the consent of the United States 
in congress assembled, being first obtained for that purpose. 

By the unanimous order of the convention: 


J. POYDRAS, President of the Convention. 
Etrs1us Fromentin, Secretary to the Convention 


Done in convention, at New Orleans, this 28th day of January, in the 


year of our Lord 1812, and of the independence of the United States 
the 36th. 


~- 


MISSISSIPPI. 303 


CONSTITUTION OF MISSISSIPPI. 


ARTICLE 1. 


Declaration of Rights 


Tuar the general, great and essential principles of liberty and free 
government may be recognised and established, we declare :— 

§ 1. That all freemen, when they form a social compact, are equal in 
rights ; and that no man, or set of men, are entitled to exclusive, sepa- 
rate public emoluments or privileges from the community, but in con- 
sideration of public services. 

2. That all political power is inherent in the people, and all free 
governments are founded on their authority and established for their 
benefit; and, therefore, they have at all times an unalienable and inde- 
feasible right to alter or abolish their form of government, in such man- 
ner as they may think expedient. 

3. The exercise and enjoyment of religious profession and worship, 
without discrimination, shall for ever be free to all persons in this state : 
Provided, that the right hereby declared and established shall not be so 
construed as to excuse acts of licentiousness, or justify practices incon- 
sistent with the peace and safety of the state. 

4. No preference shall ever be given by law to any religious sect, or 
mode of worship. 

5. That no person shall be molested for his opinions on any subject 
whatever, nor suffer any civil or political incapacity, or acquire any civil 
or political advantage, in consequence of such opinions, except in cases 
provided for in this constitution. 

6. Every citizen may freely speak, write and publish his sentiments 
on all subjects; being responsible for the abuse of that liberty. 

7. No law shall ever be passed to curtail or restrain the liberty of 
speech, or of the press. 

8. In all prosecutions or indictments for libel, the truth may be given 
in evidence; and if it shall appear to the jury that the matter charged 
as libellous is true, and was published with good motives and for justifi- 
able ends, the party shall be acquitted ; and the jury shall have the right 
to determine the law and the facts. 

9. That the people shall be secure in their persons, houses, papers, and 
possessions from unreasonable seizures and searches; and that no war- 
rant to search any place, or to seize any person or thing, shall issue with- 
out describing the place to be searched, and the person or thing to be 
seized, as nearly as may be, nor without probable cause, supported by oath 
or affirmation. ts 

10. That in all criminal prosecutions the accused hath a right to 
be heard, by himself or counsel, or both; to demand the nature and 
cause of the accusation ; to be confronted by the witnesses against him ; 
to have compulsory process for obtaining witnesses in his favour; and 
in all prosecutions by indictment or information a speedy and public trial 
by an impartial jury of the county where the offence was committed: 


304 CONSTITUTION OF 


that he cannot be compelled to give evidence against himself, nor can 
he be deprived of his life, liberty or property, but by due course of law. 

11. No person shall be accused, arrested or detained, except in cases 
ascertained by law, and according to the form which the same has pre- 
scribed; and no person shall be punished but in virtue of a law 
established and promulgated prior to the offence, and legally applied. 

12, That no person shall, for any indictable offence, be proceeded 
against criminally by information: except in cases arising in the land 
or naval forces, or in the militia when in actual service, or by leave 
of the court, for misdemeanor in office. 

13. No person shall, for the same offence, be twice put in jeopardy 
of life or limb; nor shall any person’s property be taken or applied 
to public use without the consent of the legislature, and without just 
compensation being first made therefor. 

14, That all courts shall be open, and every person for an injury done 
him in his lands, goods, person, or reputation, shall have remedy by due 
course of Jaw, and right and justice administered without sale, denial or 
delay. 

15, That no power of suspending laws shall be exercised, except by 
the legislature, or its authority. 

16. That excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel punishments inflicted. 

17. That all prisoners shall before conviction be bailable by sufficient 
securities, except for capital offences, where the proof is evident, or the 
presumption great; and the privilege of the writ of habeas corpus shall 
not be suspended, unless, when in case of rebellion or invasion, the 
public safety may require it. 

18. That the person of a debtor, when there is not strong presumption 
of fraud, shall not be detained in prison, after delivering up his estate for 
the benefit of his creditors, in such manner as shall be prescribed by law. 

19. No conviction for any offence shall work corruption of blood or 
forfeiture of estate: The legislature shall pass no bill of attainder, ex 
post facto law, nor law impairing the obligation of contracts. 

20. No property qualification for eligibility to office, or for the right 
of suffrage, shall ever be required by law in this state. 

21. That the estates of suicides shall descend or vest as in cases 
of natural death: and if any person shall be killed by casuality, there 
shall be no forfeiture by reason thereof. 

22. That the citizens have a right in a peaceable manner, to assemble 


together for their common good, and to apply to those vested with the. 


powers of government for redress of grievances, or other proper pur- 
poses, by petition, address or remonstrance. 

23. Every citizen has a right to bear arms in defence of himself and 
of the state. 

24, No standing army shall be kept up without the consent of the le- 
gislature ; and the military shal! in all cases, and at all times, be in strict 
subordination to the civil power. 

25. That no soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner, or in time of war, but in manner to 
be prescribed by law. 

26. That no hereditary emoluments, privileges or honours, shall ever 
be granted or conferred in this state. 


~— e 


’ MISSISSIPPI, 305 


27. Emigration from this state shall not be prohibited, nor shall any 
free white citizen of this state ever be exiled under any pretence what- 
ever. 

28. The tight of trial by jury shall remain inviolate, 

29. No person shall be debarred from prosecuting or defending any 
civil cause for or against him or herself before any tribunal in this state, 
by him or herself, or counsel or both. 

30. No person shall ever be appointed of elected to any office in this 
state for life or during good behaviour ; but the tenure of all offices shall 
be for some limited period of time, if the person appointed or elected 
thereto shall so long behave well. : 


CONCLUSION, 


The guard against transgressions of the high powers herein delegated, 
we declare, that every thing in this article is excepted out of the general 
powers of government, and shall forever remain inviolate; and that all 
laws contrary thereto, or to the following provisions, shall be void. 

ARTICLE 2, 
Distribution of Powers. 

§ 1. The powers of the government of the state of Mississippi, shall 
be divided into three distinct departments, and each of them confided to 
a separate body of magistracy ; to wit: those which are legislative to 
one, those which are judicial to another, and those which are executive 
to another. 

2. No person, or collection of persons, being of one of these depart- 
ments, shall exercise any power properly belonging to either of the 
others, except in the instances hereinafter expressly directed or per- 
mitted. 


ARTICLE 3, 
Legislative Department. 


§ 1. Every free white male person of the age of twenty-one years or 
upwards, who shall be a citizen of the United States, and shall have re- 
sided in this state one year next preceding an election, and the last four 
months within the. county, city or town in which he offers to vote, shall 
be deemed a qualified elector. And any such qualified elector who may 
happen to be in any county, city or town other than that of his residence 
at the time of an election, or who shall have removed to any county, city 
or town within four months preceding the election, from any county, 
city or town, in which he would have been a qualified elector had he not 
so removed, may vote for any state or district officer or member of con- 
gress, for whom he could have voted in the county of his residence, 
or the county, city or town, from which he may have so removed. 

2. Electors shall, in all cases, except in those of treason, felony or 
breach of the peace, be privileged from arrest, during their attendance on 
elections, and going to and returning from the same. 

3. The first election shall be by ballot, and all future elections, by the 
people, shall be regulated by law. 

4. The legislative power of this state shall be vested in two distinct 
branches; the one to be styled “the senate,” the other “the house of 
representatives ;” and both together, “ the legislature of the state of Mis- 

2c 2 


306 CONSTITUTION OF 


sissippi.” And the style of their laws shall be, “ Be it enacted by the 
leguslature of the state of Mississippi.” 

5. ‘I'he members of the house of representatives shall be chosen by the 
qualified electors, and shall serve for the term of two years, from the day 
of the commencement of the general election, and no longer. 

6. The representatives shall be chosen every two years, on the first 
Monday and day following in November. 

7. No person shall be a representative unless he be a citizen of the 
United States, and shall have been an inhabitant of this state two years 
next preceding his election, and the last year thereof a resident of the 
county, city or town for which he shall be chosen ; and shall have 
attained the age of twenty-one years. ? 

8. Elections for representatives for the several counties, shall be held 
at the places of holding their respective courts, or in the several election 
districts into which the county may be divided: Provided, That when 
it shall appear to the legislature that any city or town hath a number of 
free white inhabitants equal to the ratio then fixed, such city or town 
shall have a separate representation, according to the number of free white 
inhabitants therein, which shall be retained so long as such city or town 
shall contain a number of free white inhabitants equal to the existing 
ratio, and thereafter and during the existence of the right of separate 
representation in such city or town, elections for the county in wich 
such city or town entitled to a separate representation is situated, suall 
not be held in such city or town. And provided, That if the residuum 
or fraction of any city or town entitled to separate representation shall, 
when added to the residuum in the county in which it may lie, be equal 
to the ratio fixed by law for one representative; then the aforesaid county, 
city or town, having the largest residuum, shall be entitled to such repre- 
sentation: And provided also, That when there are two or more coun- 
ties adjoining, which have residuums over and above the ratio then fixed 
by law, if said residuums, when added together, will amount to such 
ratio, in that case one representative shall be added to that county having 
the largest residuum. 

9. The legislature shall at their first session, and at periods of not less 
than every four, nor more than every six years, until the year 1845, and 
thereafter at periods of not less than every four, nor more than every 
eight years, cause an enumeration to be made of all the free white inha- 
bitants of this state, and the whole number of representatives shall, at the 
several periods of making such enumeration, be fixed by the legislature, 
and apportioned among the several counties, cities or towns entitled to 
separate representation, according to the number of free white inhabitants 
in each, and shall not be less than thirty-six nor more than one hundred: 
Provided, however, That each county shall always be entitled to at 
least one representative. 

10. The whole number of senators shall, at the several periods of 
making the enumeration before mentioned, be fixed by the legislature, 
and apportioned among the several districts to be established by law, 
according to the number of free white inhabitants in each, and shall 
never be less than one-fourth, nor more than one-third of the whole 
number of representatives. 

11, The senators shall be chosen by the qualified electors, for four 
years, and on their being convened in consequence of the first election, 


ah 


MISSISSIPPI. 307 


they shall be divided by lot from their respective districts into two classes 
as nearly equal as can be.—And the seats of the senators of the first 
class shall be vacated at the expiration of the second year. 

12. Such mode of classifying new additional senators shall be ob- 
served as will as nearly as possible preserve an equality of numbers in 
each class. 

13. When a senatorial district shall be composed of two or more 
counties, it shall not be entirely separated by any county belonging to 
another district; and no county shall be divided in forming a district. 

14, No person shall be a senator unless he be a citizen of the United 
States, and shall have been an inhabitant of this state four years next 
preceding his election, and the last year thereof a resident of the district 
for which he shall be chosen, and have attained the age of thirty years. 

15. The house of representatives, when assembled, shall choose a 
speaker and its other officers, and the senate shall choose a president 
and its officers, and each house shall judge of the qualifications and 
elections of its own members; but a contested election shall be deter- 
mined in such manner as shall be directed by law. A majority of each 
house shall constitute a quorum to do business, but a smaller number 
may adjourn from day to day, and may compel the attendance of absent 
members, in such manner and under such penalties as each house may 
provide. 

16. Each house may determine the rules of its own proceedings, 
punish members for disorderly behaviour, and with the consent of two- 
thirds, expel a member, but not a second time for the same cause; and 
shall have all other powers necessary for a branch of the legislature of a 
free and independent state. 

17. Each house shall keep a journal of its proceedings, and publish 
the same; and the yeas and nays of the members of either house, on any 
question, shall at the desire of any three members present, be entered on 
the journal. 

18. When vacancies happen in either house, the governor, or the 
person exercising the powers of the governor, shall issue writs of election 
to fill such vacancies. 

19. Senators and representatives shall in all cases, except of treason, 
felony, or breach of the peace, be privileged from arrest during the session 
of the legislature, and in going to and returning from the same, allowing 
one day for every twenty miles such member may reside from the place 
at which the legislature is convened, 

20. Each house may punish by imprisonment, during the session, any 
person, not a member, for disrespectful or disorderly behaviour in its pre- 
sence, or for obstructing any of its proceedings: Provided, such impri- 
sonment shall not, at any one time, exceed forty-eight hours. 

21. The doors of each house shall be open, except on such occasions 
of great emergency, as, in the opinion of the house, may require secrecy. 

22. Neither house shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that in which they 
may be sitting. 

23. Bills may originate in either house, and be amended, altered or re- 
jected by the other, but no bill shall have the force of a law, until on three 
several days, it be read in each house, and free discussion be allowed 
thereon, unless four-fifths of the house in which the bill shall be pending, 


308 CONSTITUTION OF 


may deem it expedient to dispense with this rule; and every bill having 
passed both houses, shall be signed by the speaker and president of their 
respective houses. 

24, All bills for raising revenue shall originate in the house of repre- 
sentatives, but the senate may amend or reject them as other bills. 

25. Each member of the legislature shall receive from the public 
treasury a compensation for his services, which may be increased or 
diminished by law; but no increase of compensation shall take effect 
during the session at which such increase shall have been made. 

26. No senator or representative shall, during the term for which he 
shall have been elected, nor for one year thereafter, be appointed to any 
civil office of profit under this state, which shall have been created, or 
the emoluments of which shall have been increased, during such term, 
except such offices as may be filled by elections by the people; and no 
~member of either house of the legislature shall, after the commencement 
of the first session of the Jegislature after his election, and during the 
remainder of the term for which he is elected, be eligible to any office or 
place, the appointment to which may be made in whole or in part by 
either branch of the legislature. 

27. No judge of any court of law or equity, secretary of state, attorney 
general, clerk of any court of record, sheriff or collector, or any person 
holding a lucrative office under the United States or this state, shall "be 
eligible to the legislature : Provided, That offices in the militia, to which 
there is attached no annual salary, and the office of justice of the peace, 
shall not be deemed lucrative. sine 

28. No person who hath heretofore been, or hereafter may be, a 
collector or holder of public moneys, shall have a seat in either house of 
the legislature, until such person shall have accounted for, and paid into 
the treasury, all sums for which he may be accountable. 

29. The first election for senators and representatives shall be general 
throughout the state, and shall be held on the first Monday and day 
following in November, 1833; and thereafter, there shall be bienniai 
elections for senators to fill the places of those whose term of service 
may have expired. . 

30. The first and all future sessions of the legislature shall be held in 
the town of Jackson, in the county of Hinds, until the year 1850, 
During the first session thereafter, the legislature shall have power to 
designate by law the permanent seat of government: Provided, however, 
That unless such designation be then made by law, the seat of govern- 
ment shall continue permanently at the town of Jackson. The first 
session shall commence on the third Monday in November, in the year 
1833. And in every two years thereafter, at such time as may be pre- 
scribed by law. 

31. The governor, secretary of state, treasurer, auditor of public ac- 
counts, and attorney general, shall reside at the seat of government. 


ARTICLE 4, 
Judicial Department. 


§ 1. The judicial power of this state shall be vested in one high court 
of errors and appeals, and such other courts of law and equity as are 
hereafter provided for in this constitution. 


MISSISSIPPI. 309 


2. The high court of errors and appeals shall consist of three judges, 
any two of whom shall form a quorum. The legislature shall divide the 
state into three districts, and the qualified electors of each district shal! 
elect one of said judges for the term of six years. 

3. The office of one of said judges shall be vacated in two years, and 
of one in four years, and of one in six years, so that at the expiration 
of every two years, one of said judges shall be elected as aforesaid. 

4, The high court of errors and appeals shall have no jurisdiction, 
but such as properly belongs to a court of errors and appeals. 

5, All vacancies that may occur in said court, from death, resignation 
or removal, shall be filled by election as aforesaid. Provided, however, 
that if the unexpired term do not exceed one year, the vacancy shall be 
filled by executive appointment. 

6. No person shall be eligible to the office of judge of the high court 
of errors and appeals, who shall not have attained, at the time of his 
election, the age of thirty years. 

7. The high court of errors and appeals shall be held twice in each 
year, at such place as the legislature shall direct, until the year eighteen 
hundred and thirty-six, and afterwards at the seat of government of the 
state. 

8. The secretary of state, on receiving all the official returns of the 
first election, shall proceed, forthwith, in the presence and with the assist- 
ance of two justices of the peace, to determine by lot among the three 
candidates having the highest number of votes, which of said judges elect 
shall serve for the term of two years, which shall serve for the term of 
four years, and which shall serve for the term of six years, and having 
so determined the same, it shall be the duty of the governor to issue 
commissions accordingly. 

9. No judge shall sit on the trial of any cause when the parties or 
either of them shall be connected with him by affinity or consanguinity, 
or when he may be interested in the same, except by consent of the 
judge and of the parties; and whenever a quorum of said court are 
situated as aforesaid, the governor of the state shall in such case spe- 
cially commission two or more men of law knowledge for the determina- 
tion thereof. 

10. The judges of said court shall receive for their services a compen- 
sation to be fixed by law, which shall not be diminished during their 
continuance in office. 

11. The judges of the circuit court shall be elected by the qualified 
electors of each judicial district, and hold their offices for the term of four 
years, and reside in their respective districts. 

12. No person shall be eligible to the office of judge of the circuit 
court, who shall not at the time of his election, have attained the age of 
twenty-six years. 

13. The state shall be divided into convenient districts, and each dis- 
trict shall contain not less than three nor more than twelve counties. 

14. The circuit court, shall have original jurisdiction in all matters, 
civil and criminal, within this state; but in civil cases only when the 
principal of the sum in controversy exceeds fifty dollars. 

15. A circuit court shall be held in each county of this state, at least 
twice in each year; and the judges of said courts, shall interchange cir- 
cuits with each other, in such manner as may be prescribed by law, 


310 | CONSTITUTION OF 


and shall receive for their services a compensation to be fixed by law, 
which shall not be diminished during their continuance in office. 

16. A separate superior court of chancery shall be established, with 
full jurisdiction in all matters of equity ; Provided, however, the legisla- 
ture may give to the circuit courts of each county equity jurisdiction in 
all cases where the value of the thing, or amount in controversy, does 
not exceed five hundred dollars; also, in all cases of divorce, and for the 
foreclosure of mortgages. ‘I'he chancellor shall be elected by the quali- 
fied electors of the whole state, for the term of six years, and shall be at 
least thirty years old at the time of his election. 

17. The style of all process, shall be “ The state of Mississippi,” and 
all,prosecutions shall be carried on in the name and by the authority of 
“ The state of Mississippi,” and shall conclude “ against the peace and 
dignity of the same.” 

18. A court of probates shall be established in each county of this 
state, with jurisdiction in all matters testamentary and of administration 
in orphans’ business and the allotment of dower, increase of idiotcy and 
lunacy, and of persons non compos mentis ; the judge of said court shall 
be elected by the qualified electors of the respective counties, for the term 
of two years. 

19. The clerk of the high court of errors and appeals shall be ap- 
pointed by said court for the term of four years, and the clerks of the 
circuit, probate, and other inferior courts, shall be elected by the qualified 
electors of the respective counties, and shall hold their offices for the term 
of two years. 

20. The qualified electors of each county shall elect five persons for 
the term of two years, who shall constitute a board of police for each 
county, a majority of whom may transact business; which body shall 
have full jurisdiction over roads, highways, ferries, and bridges, and all 
other matters of county police, and shall order all county elections to fill 
vacancies that may occur in the offices of their respective counties: the 
clerk of the court of probate shall be the clerk of the board of county 
police. 

21. No person shall be eligible as a member of said board, who shall 
not have resided one year in the county : but this qualification shall not 
extend to such new counties as may hereafter be established until one 
year after their organization; and all vacancies that may occur in said 
board shall be supplied by election as aforesaid to fill the unexpired 
term. 

22. The judges of all the courts of the state, and also the members of 
the board of county police, shall in virtue of their offices be conservators 
of the peace, and shall be by law vested with ample powers in this respect. 

23. A competent number of justices of the peace and constables shall 
be chosen in each county by the qualified electors thereof, by districts, 
who shall hold their offices for the term of two years. The jurisdiction 
of justices of the peace shall be limited to causes in which the principal 
of the amount in controversy shall not exceed fifty dollars. In all causes 
tried by a justice of the peace, the right of appeal shall be secured under 
such rules and regulations as shall be prescribed by law. 

24, The legislature may from time to time establish such other inferior 
courts as may be deemed necessary, and abolish the same whenever they 
shall deem it expedient, 


MISSISSIPPI 311 


25. There shall be an attorney general elected by the qualified electors 
if the state ; and a competent number of district attorneys shall be elect- 
ed by the qualified voters of their respective districts, whose compensa- 
tion and term of service shall be prescribed by law. 

26. The legislature shall provide by law for determining contested 
elections of judges of the high court of errors and appeals, of the cir- 
cuit and probate courts, and other officers. 

27. The judges of the several courts of this state, for wilful neglect of 
duty or other reasonable cause, shall be removed by the governor on the 
address of two-thirds of both houses of the legislature ; the address to 
be by joint vote of both houses. ‘The cause or causes for which such 
removal shall be required, shall be stated at length in such address, and 
on the journals of each house. ‘The judge so intended to be removed, 
shall be notified and admitted to a hearing in his own defence before any 
vote for such address shall pass ; the vote on such address shall be taken 
by yeas and nays, and entered on the journals of each house. 

28. Judges of probate, clerks, sheriffs, and other county officers, for 
wilful neglect of duty, or misdemeanor in office, shall be liable to present- 
ment or indictment by a grand jury, and trial by a petit jury, and upon 
conviction shall be removed from office. 


ARTICLE 5. 
Executive Department. 


§ 1. The chief executive power of this state shall be vested in a 
governor, who shall hold his office for two years from the time of his 
installation. 

2. The governor shall be elected by the qualified electors of the state. 
The returns of every election for governor shall be sealed up and trans- 
mitted to the seat of government, directed to the secretary of state, who 
shall deliver them to the speaker of the house of representatives, at the 
next ensuing session of the legislature, during the first week of which 
session the speaker shall open and publish them in the presence of both 
houses of the legislature. ‘The person having the highest number of 
votes shall be governor; but if two or more shall be equal and highest 
in votes, then one of them shall be chosen governor by the joint ballot 
of both houses of the legislature. Contested elections for governor shall 
be determined by both houses of the legislature, in such manner as shall 
be prescribed by law. 

3. The governor shall be at least thirty years of age, shall have been 
a citizen of the United States for twenty years, shall have resided in this 
. state at least five years next preceding the day of his election, and shall 
not be capable of holding the office more than four years in any term 
of six years. 

4. He shall, at stated times, receive for his services a compensation 
which shall not be increased or diminished during the term for which he 
shall be elected. 

. 5, He shall be commander in chief of the army and navy in this 
state, and of the militia, except when they shall be called into the service 
' of the United States. 

6. He may require information in writing, from the officers in the 
executive department, on any subject relating to the duties of their 
respective offices. 


ca 


312 CONSTITUTION OF 


7. He may, in cases of emergency, convene the legislature at the seat 
of government, or at a different place, if that shall have become, since 
their last adjournment, dangerous from an enemy or from disease; and 
in case of disagreement between the two houses with respect to the time 
of adjournment, adjourn them to such time as he shall think proper, not 
beyond the day of the next stated meeting of the legislature. 

8. He shall from time to time give to the legislature information of 
the state of the government, and recommend to their consideration such 
measures as he may deem necessary and expedient. 

9. He shall take care that the laws be faithfully executed. 

10. In all criminal and penal cases, except in those of treason and 
impeachment, he shall have power to grant reprieves and pardons, and 
remit fines ; and in cases of forfeiture to stay the collection until the end 
of the next session of the legislature, and to remit forfeitures by and 
with the advice and consent of the senate. In cases of treason he shall 
have power to grant reprieves by and with the advice and consent of 
the senate, but may respite the sentence until the end of the next session 
of the legislature. 

11. All commissions shall be in the name and by the authority of the’ 
state of Mississippi; be sealed with the great seal, and signed by the 
governor, and be attested by the secretary of state. 

12. There shall be a seal of this state, Which shall be kept by the go- 
vernor, and used by him officially, and shall be called the great seal of 
the state of Mississippi. ; 

13. All vacancies not provided for in this constitution shall be filled 
in such manner as the legislature may prescribe. 

14, The secretary of state shall be elected by the qualified electors of 
the state, and shall continue in office during the term of two years. He 
shali keep a fair register of all the official acts and proceedings of the 
governor, and shall, when required, lay the same, and all papers, minutes, 
and vouchers relative thereto, before the legislature, and shall perform 
such other duties as may be required of him by law. 

15. Every bill which shall have passed both houses of the legislature 
shall be presented to the governor; if he approve, he shall sign it, but if 
not, he shall return it with his objections to the house in which it shall 
have originated, which shall enter the objections at large upon their 
journals, and proceed to reconsider it. If after such reconsideration two- 
thirds of the house shall agree to pass the bill, it shall be sent with the 
objections to the other house, by which it shall likewise be reconsidered ; 
if approved by two-thirds of that house, it shall become a law. But in 
such case the votes of both houses shall be determined by yeas and nays, 
and the names of the members voting for and against the bill shall be 
entered on the journals of each house respectively. If any bill shall not 
be returned by the governor within six days (Sundays excepted) after it 
shall have been presented to him, the same shall become a law in 
like manner as if he had signed it, unless the legislature by their 
adjournment prevent its return, in which case it shall become a 
law. 

16. Every order, resolution, or vote, to which the concurrence of both 
houses may be necessary, except resolutions for the purpose of obtaining 
the joint action of both houses, and on questions of adjournment, shall 
be presented to the governor,-and before it shall take effect be approved 


MISSISSIPPL 3138 


by him, or being disapproved, shall be repassed by both houses acccrding 
to the rules and limitations prescribed ia the case of a bill. 

17. Whenever the office of governor shall become vacant by death, 
resignation, removal from office, or otherwise, the president of the senate 
shall exercise the office of governor until another governor shal! be duly 
qualified ; and in case of the death, resignation, removal from office, or 
other disqualification of the president of the senate so exercising the office 
of governor, the speaker of the louse of representatives shall exercise 
the office, until the president of the senate shall have been chosen ; and 
when the office of governor, president of the senate, and speaker of 
the house shall become vacant, in the recess of the senate, the person 
acting as secretary of stite for the time being, shall by proclamation 
convene the senate, that a president may be chosen to exercise the office 
of governor. ® 

18. When either the president or speaker of the house of representa- 
tives shall so exercise said office, he shall receive the compensation of 
governor only, and his duties as president or speaker shall be suspended, 
and the senate or house of representatives, as the case may be, shall fill 
the vacancy until his duties as governor shall cease. 

19. A sheriff, and one or more coroners, a treasurer, surveyor, and 
ranger shall be elected in each county by the qualified electors thereof, 
who shall hold their offices for two years, unless sooner removed ; except 
that the coroner shall hold his office until his successor be duly qualified. 

20. A state treasurer and auditor of public accounts shall be elected 
by the qualified electors of the state, who shall hold their offices for the 
term of two years, unless sooner removed. 

Militia. 

§ 1. The legislature shall provide by law for organizing and disciplin- 
ing the militia of this state, in such manner as they shall deem expe- 
dient, not incompatible with the constitution and laws of the United 
States, in relation thereto. 

2. Commissioned officers of the militia (staff officers and the officers 
of volunteer companies excepted) shall be elected by the persons liable 
to perform military duty, and the qualified electors within their respective 
commands, and shall be commissioned by the governor. 

3. The governor shall have power to call forth the militia to execute 
the laws of the state, to suppress insurrection, and repel invasion, 


ARTICLE 6, 
Impeachments.- 


§ 1. The house of representatives shall have the sole power of im- 
peaching. — 

2. All impeachments shall be tried by the senate. When sitting for 
that purpose, the senators shall be on oath or affirmation.. No person 
shall be convicted without the concurrence of two-thirds of the members 
present. : 

3. The governor, and all civil officers, shall be liable to impeachment 
for any misdemeanor in office, but judgment in such cases shall not ex- 
tend further than to removal from office, and disqualification to hold any 
office of honour, trust, or profit under the state: but the party convict- 
-ed shall, nevertheless, be liable and subject to indictment, trial, and 
punishment, according to law, as . other cases. 

| 2 


314 CONSTITUTION OF 


ARTICLE 7. 
General Provisions. 


§ 1. Members of the legislature, and all officers, executive and judi- 
cial, before they enter upon the duties of their respective offices, shall 
take the following oath or affirmation, to wit: “I solemnly swear (or 
affirm, as the case may be) that I will support the constitution of the 
United States, and the constitution of the state of Mississippi, so long 
as I continue a citizen thereof, and that I will faithfully discharge to the 
best of my abilities the duties of the office of , according to law. 
So help me God.” 

2. The legislature shall pass such laws to prevent the evil practice of 
duelling as they may deem necessary, and may require all officers, before 
they enter on the duties of their respective offices, to take the following 
oath or affirmation: “I do solemnly swear (or aflirm, as the case may 
be) that I have not been engaged in a duel, by sending or accepting 
a challenge to fight a duel, or by fighting a duel since the first day of 
January, in the year of our Lord one thousand eight hundred and thirty- 
three, nor will I be so engaged during my continuance in office. So 
help me God.” 

3. Treason against the state shall consist only in levying war against 
it, or in adhering to its enemies, giving them aid and comfort. No per- 
son shall be convicted of treason, unless on the testimony of two wit- 
nesses to the same overt act, or his own confession in open court. 

4, Every person shall be disqualified from holding an office or place 
of honour or profit under the authority of this state, who shall be con- 
victed of having given or offered any bribe to procure his election. 
Laws shall be made to exclude from office and from suffrage those who 
shall thereafter be convicted of bribery, perjury, forgery, or other high 
crimes or misdemeanors. The privilege of free suffrage shall be sup- 
ported by laws regulating elections, and prohibiting, under adequate pen- 
alties, all undue influence therein, from power, bribery, tumult, or other 
improper conduct. 

5. No person who denies the being of a God, or a future state of re- 
wards and punishments, shall hold any office in the civil department of 
this state. 

6. No law of a general nature, unless otherwise provided for, shall be 
enforced until sixty days after the passage thereof. . 

7. No money shall be drawn from the treasury but in consequence of 
an appropriation made by law, nor shall any appropriation of money for 
the support of an army be made for a longer term than one year. 

8. No money from the treasurer shall be appropriated to objects of 
internal improvement, unless a bill for that purpose be approved by 
two-thirds of both branches of the legislature; and a regular statement 
and account of the receipts and expenditures of public moneys shall be 
published annually. 

9. No law shall ever be passed to raise a loan of money upon the 

credit of the state, or to pledge the faith of the state or the payment or 
redemption of any Joan or debt, unless such law be proposed in the 
senate or house of representatives, and be agreed toby a majority of the 
members of each house, and entered on their journals with the yeas and 
nays taken thereon, and be referred to the next succeeding legislature, and 


MISSISSIPPI. Be 


published for three months previous to the next regular election, in three 
newspapers of the state; and unless a majority of each branch of the 
legislature, so elected, after such publication, shall agree to, and pass 
such law ; and in such case the yeas and nays shall be taken, and entered 
on the journals of each house: Provided, that nothing in this section shall 
be so construed as to prevent the legislature from negotiating a further 
loan of one and a half million of dollars, and vesting the same in stock 
reserved to the state by the charter of the Planters’ Bank of the state of 
Mississippi. 

10. The legislature shall direct, by law, in what manner and in what 
courts, suits may be brought against the state. 

11, Absence on business of this state, or of the United States, or on 
a visit, or necessary private business, shall not cause a forfeiture of 
citizenship or residence once obtained. 

12. It shall be the duty of the legislature to regulate, by law, the cases 
in which deductions shall be made from salaries of public officers for 
neglect of duty in their official capacity, and the amount of such de- 
duction. 

13. No member of congress, nor any person holding any office of 
profit or trust under the United States, (the office of post-master ex- 
cepted,) or any other state, of the union, or under any foreign power, 
shall hold or exercise any office of trust or profit under this state, 

14, Religion, morality, and knowledge, being necessary to good go- 
vernment, the preservation of liberty, and the happiness of mankind, 
schools, and the means of education, shall for ever be encouraged in this 
state. ‘ 

15. Divorces from the bonds of matrimony shall not be granted, but 
in cases provided for by law, by suit in chancery. 

16. Returns of all elections by the people shall he made to the secre- 
tary of state in such manner as may be prescribed by law. 

17. No new county shall be established by the legislature, which shall 
reduce the county or counties, or either of them, from which it may be 
taken, to less contents than five hundred and seventy-six square miles ; 
nor shall any new county be laid off of less contents. 

18. The legislature shall have power to admit to all the rights and 
privileges of free white citizens of this state, all such persons of the 
Choctaw and Chickasaw tribes of Indians, as shall choose to remain in 
this state, upon such terms as the legislature may from time to time 
deem proper. 


Slaves. 


§ 1. The legislature shall have no power to pass laws for the emanci- 
pation of slaves without the consent of their owners, unless where the 
slave shall have rendered to the state some distinguished service; in 
which case the owner shall be paid a full equivalent for the slave so 
emancipated. They shall have no power to prevent emigrants to this 
state from bringing with them such persons as are deemed slaves by the 
laws of any one of the United States, so long as any person of the same 
age or description shall be continued in slavery by the laws of this state : 
Provided, that such person or slave be the bona fide property of such 
emigrants; and provided, also, that laws may be passed to prohibit the 
introduction into this state of slaves who may have committed high 


316 CONSTITUTION OF 


crimes in other states. They shall have power to pass laws to permit 
the owners of slaves to emancipate them, saving the rights of creditors, 
and preventing them from becoming a public charge. They shall have 
full power to oblige the owners of slaves to treat them with humanity ; 
to provide for them necessary clothing and provisions ; to abstain from 
all injuries to them, extending to life or limb ; and in case of their 
neglect or refusal to comply with the directions of such laws, to have 
such slave or slaves sold for the benefit of the owner or owners. 

2. The introduction of slaves into this state as merchandise, or for 
sale, shall be prohibited from and after the first day of May, eighteen 
hundred and thirty-three: Provided, that the actual settler or settlers 
shall not be prohibited from purchasing slaves in any state in this union, 
and bringing them into this state for their own ‘individual use, until the 
year eighteen hundred and forty-five. 

3. In the prosecution of slaves for crimes of which the punishment is 
not capital, no inquest by a grand jury shall be necessary ; but the pro- 
ceedings in such cases shall be regulated by law. 


’ Mode of revising the Constitution. 


Whenever two-thirds of each branch of the legislature shall deem any 
change, alteration, or amendment necessary to this constitution, such 
proposed change, alteration, or amendment shall be read and passed by a 
majority of two-thirds of each house respectively on each day, for three 
several days. Public notice thereof shall then be given by the secretary 
of state, at least six months preceding the next general election, at 
which the qualified electors shall vote directly for or against such change, 
alteration, or amendment; and if it shall appear that a majority of the 
qualified electors voting for members of the legislature, shall have voted 
for the proposed change, alteration, or amendment, then it shall be insert- 
ed by the next succeeding legislature, as a part of this constitution, and 
not otherwise. 


SCHEDULE. 


§ 1. All rights vested, and all liabilities incurred, shall remain the 
same as if this constitution had not been adopted. 

2. All suits at law or in equity, now pending in the several courts of 
this state, may be transferred to such court as may have proper jurisdic- 
tion thereof. 

3. The governor and all officers, civil and military, now holding com- 
missions under the authority of this state, shall continue to hold and ex- 
ercise their respective offices until they shall be superseded, pursuant to 
the provisions of this constitution, and until their successors be duly 
qualified. 

4, All laws now in force in this state, not repugnant to this constitu- 
tion, shall continue to operate until. they shall expire by their own limi- — 
tation, or be altered or repealed by the legislature. - 

5. Immediately upon the adoption of this constitution, the president 
of this convention shall issue writs of election directed to the sheriffs of 
the several counties, requiring them to cause an election to be held on 
the first Monday and day following in December next, for members of 
the legislature, at the respective places of holding elections in said coun- 


ILLINOIS. 317 


ties, which elections shall be conducted in the manner prescribed by the 
existing election laws of this state: and the members of the legislature 
thus elected, shall continue in office until the next general election, and 
shall convene at the seat of government on the first Monday in January, 
eighteen hundred and thirty-three; and shall at their first session order 
an election to be held in every county of this state, on the first Monday 
in May and day following, eighteen hundred and thirty-three, for all 
state and county officers under this constitution, (members of the legisla- 
ture excepted,) and the officers then elected shall continue in office until 
the succeeding general election and after, in the same manner as if the 
election had taken place at the time last aforesaid. 

6. Until the first enumeration shall be made, as directed by this con- 
stitution, the apportionment of senators and representatives among the 
several districts and counties in this state shall remain as at present fixed 
by law. 

P. RUTILIUS R. PRAY, 
President of the Convention, 
and Representative from the county of Hancock. 


Attest, Joan H. Mattory, Secretary. 


CONSTITUTION OF ILLINOIS. 


The Constitution of the State of Illinois, adopted in convention, at 
Kaskaskia, on the twenty-sixth day of August, in the year of our 
Lord one thousand eight hundred and eighteen, and of the inde- 
pendence of the United States the forty-third. 


Tue people of the Illinois territory, having the right of admission into 
the general government, as a member of the Union, consistent with the 
constitution of the United States, the ordinance of congress of 1787, and 
the law of congress “ approved April 18th, 1818,” entitled “ An act to 
enable the people of the Illinois territory to form a constitution and state 
government, and for the admission of such state into the Union on an 
equal footing with the original states, and for other purposes ; in order 
to establish justice, promote the welfare, and secure the blessings of 
liberty to themselves and their posterity, do, by their representatives in 
convention, ordain and establish the following constitution or form of 
government ; and do mutually agree with each other to form themselves 
into a free and independent state, by the name of the state of Illinois. 
And they do hereby ratify the boundaries assigned to such state by the 
act of congress aforesaid, which are as follows, to wit: beginning at the 
mouth of the Wabash river, thence, up the same, and with the line of 
Indiana, to the north-west corner of said state; thence, east, with the 
line of the same state, to the middle of lake Michigan ; thence, north, 
along the middle of said lake, to north latitude forty-two degrees and 

2n2 


318 CONSTITUTION OF 


thirty minutes ; thence, west, to the middle of the Mississippi river ; and 
thence, down, along the middle of that river, to its confluence with the 
Ohio river; and thence, up the latter river, along its north-western 
shore, to the beginning. ’ 


ARTICLE I. 
Concerning the distribution of the powers of Government. 


§ 1. The powers of the government of the state of Illinois shall be di- 
vided into three distinct departments, and each of them be confided to a 
separate body of magistracy, to wit : those which are legislative, to one ; 
those which are executive, to another; and those which are judiciary, to 
another. 

2. No person, or collection of persons, being one of those departments, 
shall exercise any power properly belonging to either of the others; ex- 
cept as hereinafter expressly directed or permitted. 


ARTICLE 2. 


§ 1. The legislative authority of this state shall be vested in a gene- 
ral assembly, which sliall consist of a senate and house. of representa- 
tives, both to be elected by the people. 

2. The first election for senators and representatives shall commence 
on the third Thursday of September next, and continue for that and the 
two succeeding days; and the next election shall be held on the first 
Monday in August, one thousand eight hundred and twenty ; and for 
ever after, elections shall be held once in two years, on the first Monday 
of August, in each and every county, at such places therein as may be 
provided by law. 

3. No person shall be a representative who shall not have attained 
the age of twenty-one years, who shall not be a citizen of the United 
States, and an inhabitant of this state 5 who shall not have resided with- 
in the limits of the county or district in which he shall be chosen twelve 


months next preceding his election, if such county or district shall have . 


been so long erected ; but if not, then within the limits of the county or. 
counties, district or districts, out of which the same shall have been 
taken, unless he shall have been absent on the public business of the 
United States or of this state ; and who, moreover, shall not have paid a 
state or county tax. 

4. 'The senators, at their first session herein provided for, shall be di- 
vided by lot from their respective counties or districts, as near as can be, 
into two classes. ‘The seats of the senators of the first class shall be va- 
cated at the expiration of the second year ; and those of the second class 
at the expiration of the fourth year, so that one-half thereof, as near as 
possible, may be biennially chosen for ever thereafter. 

5. ‘The number of senators and representatives shall, at the first session 
of the general assembly, holden after the returns herein provided for are 
made, be fixed hy the general assembly, and apportioned among the seve- 
ral counties or districts to be established by law, according to the num: 
ber of white inhabitants. ‘The number of representatives shall not be 
less than twenty-seven, nor more than thirty-six, until the number of 
inhabitants within this state shall amount to one hundred thousand ; 
and the number of senators shall never be less than one-third nor more 
than one-half of the number of representatives. : 


a." ., 


ILLINOIS. 319 


6. No person shall be a senator who has not arrived at the age of 
twenty-five years, who shall not be a citizen of the United States, and 
who shall not have resided one year in the county or district in which 
he shall be chosen immediately preceding his election, if such county 01 
district shall have been so long erected ; but if not, then within the limits 
of the county or counties, district or eabaites out of which the same 
shall have been taken; unless he shall have been absent on the public 
business of the United States, or of this state, and shall not, moreover, 
have paid a state or county tax. 

7. The senate and house of representatives, when assembled, shall 
each choose a speaker, and other oilicers, (the speaker of the senate ex- 
cepted:) each house shall judge of the qualifications and elections of its 
members, and sit upon its own adjournments. Two-thirds of each house 
shall constitute a quorum, but a smaller number may adjourn from day 
to day, and compel the attendance of absent members. 

8. Each house shall keep a journal of its proceedings, and publish 
them ; the yeas and nays of the members on any question shall, at the 
desire of any two of them, be entered on the journals. 

9. Any two members of either house shall have liberty to sjikenak and 
protest against any act or resolution which they may think injurious to 
the public or to any individual, and have the reasons of their dissent en- 
tered on the journals. 

10. Each house may determine the rules of its proceedings, punish 
its members for disorderly behaviour ; and, with the concurrence of two- 
thirds, expel a member, but not a second time for the same cause. 

1i. When vacancies happen in either house, the governor, or the 
person exercising the powers of governor, shall issue writs of election to 
fill such vacancies. 

12. Senators and representatives shall, in all cases except treason, 
felony, or breach of the peace, be privileged from arrest during the ses- 
sion of the general assembly, and im’ going to and returning from the 
same; and for any speech or debate in either house, they shall not be 
questioned in any other place. 

13. Each house may punish, by imprisonment during its session, any 
person, not a member, who shall be guilty of disrespect to the house, by 
any disorderly or contemptuous behaviour in their presence; provided 
such imprisonment shall not at any one time exceed twenty-four hours, 

14, The doors of each house and of committees of the whole shall be 
kept open, except in*such cases as, in the opinion of the house, require 
secrecy. Neither house shall, without the consent of the other, adjourn 
for more than two days, nor to any other place than that in which the 
two houses shall be sitting. 

15. Bills may originate in either house, but may be altered, amended, 
or.rejected by the other. 

16. Every bill shall be read on three different days in each house, un- 
less, in case of urgency, three-fourths of the house where such bill is so 
depending shall deem it expedient to dispense with this rule: and every 
bill, having passed both houses, shall be signed by the speakers of their 
respective houses. 

17. The style of the laws of this state shall be, “ Be it enacted by the 
people of the state of Illinois, represented in the general assembiy.” 

18. The general assembly of this state sh 11 not allow the following 


320 CONSTITUTION OF 


officers of government greater or smaller annual salaries than as follows, 
until the year one thousand eight hundred and twenty-four: the go- 
vernor one thousand dollars; and the secretary of state six hundred 
dollars. 

19. No senator or representative shall, during the time for which he 
shall have been elected, be appointed to any civil office under this state, 
which shall have been created, or the emoluments of which shall have 
been increased, during such time. 

20. No money shall be drawn from the treasury but in consequence 
of appropriations made by law. 4 

21. An accurate statement of receipts and expenditures of public 
money shall be attached to and published with the laws at the rising of 
each session of the general assembly. 

22, The house of representatives shall have the sole power of im- 
peaching ; but a majority of all the members present must concur in an 
impeachment. All impeachments shall be tried by the senate; and 
when sitting for the purpose, the senators shall be upon oath or affirma- 
tion to do justice according to law and evidence. No person shall be 
convicted without the concurrence of two-thirds of all the senators 
present. 

23. The governor, and all other civil officers under this state, shall be 
liable to impeachment for any misdemeanour in office ; but judgment in 
such cases shall not extend farther than to removal from office, and dis- 
qualification to hold any office of honour, profit, or trust, under this 
state. The party, whether convicted or acquitted, shall nevertheless 
be liable to indictment, trial, judgment, and punishment according to 
law. 

24. The first session of the general assembly shall commence on the 
first Monday in October next, and for ever after the general assembly 
shall meet on the first Monday in December next ensuing the election 
of the members thereof, and at no other period, unless as provided by 
this constitution. 

25. No judge of any court of law or equity, secretary of state, attor- 
ney-general, attorney for the state, register, clerk of any court of record, 
sheriff, or collector, member of either house of congress, or person hold- 
ing any lucrative office under the United States or this state, (provided 
that appointments in the militia, postmasters, or justices of the peace. 
shall not be considered lucrative offices,) shall have a seat in the general 
assembly ; nor shall any person holding an office of honour or profit 
under the government of the United States, hold any office of honour or 
profit under the authority of this state. 

26, Every person who shall be chosen or appointed to any office of 
trust or profit, shall, before entering upon the duties thereof, take an 
oath to support the constitution of the United States, and of this state, 
and also an oath of office. 

27. In all elections, all white male inhabitants, above the age of twen- 
ty-one years, having resided in the state six months next preceding the 
election, shall enjoy the right of an elector: but no person shall be en- 
titled to vote except in the county or district in which he shall actually 
reside at the time of the election. 

28. All votes shall be given, viva voce, until altered by the genera] 
assembly. 


ILLINOIS. 321 


29. Electors shall in all cases except treason, felony, or breach of the 
peace, be privileged from arrest during their attendance at elections, 
and in going to and returning from the same. 

30. The general assembly shall have full power to exclude from the 
privilege of electing, or being elected, any person convicted of bribery, 
perjury, or any other infamous crime. 

31. In the year one thousand eight hundred and twenty, and every 
fifth year thereafter, an enumeration of all the white inhabitants ofthe 
state shall be made, in such manner as shall be directed by law. 

32. All bills for raising a revenue shall originate in the house of re- 
presentatives, subject, however, to amendment or rejection, as in other 
cases. 


ARTICLE 3. 


§ 1. The executive power-of this state shall be vested in a governor. 

2. The first election of governor shall commence on the third Thurs- 
day of September next, and continue for that and the two succeeding 
days ; and the next election shall be held on the first Monday of Au- 
gust, in the year of our Lord one thousand eight hundred and twenty- 
two. And for ever after, elections for governor shall be held once in four 
years, on the first Monday of August. The governor shall be chosen by 
the electors of the members of the general assembly, at the same places 
and in the same manner that they shall respectively vote for members 
thereof. The returns for every election of governor shall be sealed up 
and transmitted to the seat of government, by the returning officers, di- 
rected to the speaker of the house of representatives, who shall open 
and publish them in presence of a majority of the members of each 
house of the general assembly. The person having the highest number 
of votes shall be governor; but if two or more be equal and highest in 
votes, then one of them shall be chosen governor by joint ballot of both 
nouses of the general assembly. Contested elections shall be deter- 
mined by both houses of the general assembly, in such manner as shall 
be prescribed by' law. 

3. ‘The first governor shall hold his office until the first Monday of 
December, in the year of our Lord one thousand eight hundred and 
twenty-two, and until another governor shall be elected and qualified to 
office ; and for ever after, the governor shall hold his office for the term 
of four years, and until another governor shall be elected and qualified ; 
but he shall not be eligible for more than four years in any term of 
eight years. He shall be at least thirty years of age, and have been a 
citizen of the United States thirty years ; two years of which, next pre- 
ceding his election, he shall have resided within the limits of this state. 

4. He shall, from time to time, give the general assembly information 
of the state of the government, and recommend to their consideration 

such measures as he shall deem expedient. 
5. He shall have power to grant reprieves and pardons, after con- 
viction, except in cases of impeachment. 

6. The governor shall at stated times receive a salary for his services, 
which shall neither be increased nor diminished during the term for 
which he shall have been elected. 

7. He may require information, in writing, from the officers in the 
executive department, upon any subject relating to the duties of their 


322 CONSTITUTION OF 


respective offices, and shall take care that the laws be faithfully exe- 
cuted. 

8. When any officer, the right of whose appointment is, by this con 
stitution, vested in the general assembly, or in the governor and senate, 
shall, during the recess, die, or his office by any means become vacant, 
the governor shall have power to fill such vacancy, by granting a com- 
mission, which shall expire at the end of the next session of the general 
assembly. 

9, He may, on extraordinary occasions, convene the general assem- 
bly by proclamation, and shall state to them, when assembled, the pur- 
pose for which they shall have been convened. 

10. He shall be commander-in-chief of the army and navy of this 
state, and of the militia, except when they shall be called into the ser- 
vice of the United States. 

11. There shall be elected in each and every county in said state, by 
those who are qualified to vote for members of the general assembly, 
and at the same times and places where the elections for such members 
shall be held, one sheriff and one coroner, whose election shall be 
subject to such rules and regulations as shall be prescribed by law. The 
said sheriffs and coroners respectively, when elected, shall continue in 
office two years, be subject to removal and disqualification, and such 
other rules and regulations as may be from time to time prescribed by law. 

12. In case of disagreement between the two houses with respect to 
the time of adjournment, the governor shall have power to adjourn the 
general assembly to such a time as he thinks proper, provided it be not 
to a period beyond the next constitutional meeting of the same. 

13. A lieutenant-governor shall be chosen at every election for go- 
vernor, in the same manner, continue in office for the same time, and 
possess the same qualifications. In voting for governor and lieutenant- 
governor, the electors shall distinguish whom they vote for as governor, 
and whom as lieutenant-governor. 

14. He shall, by virtue of his office, be speaker of the senate, have 
a right, when in committee of the whole, to debate and vote on all 
subjects, and whenever the senate are equally divided, to give the casting 
vote. 

15. Whenever the government shall be administered by the lieuten- 
ant-governor, or he shall be unable to attend as speaker of the senate, 
the senate shall elect one of their own members as speaker for that 
occasion. And if, during the vacancy of the office of governor, the lieu- 
tenant-governor shall be impeached, removed from office, refuse to 
qualify, or resign, or die, or be absent from the state, the speaker of 
the senate, shall, in like manner, administer the government. 

16. The lieutenant-governor, while he acts as speaker of the senate, 
shall receive for his services the same compensation which shall, for 
the same period, be allowed to the speaker of the house of representa- 
tives, and no more; and during the time he administers the govern- 
ment as governor, he shall receive the same compensation which the 
gene would have received had he been employed in the duties of his 
office. 

17. If the lieutenant-governor shall be called upon to administer the 
government, and shall, while in such administration, resign, die, or be 
absent from the state, during the recess of the general assembly, it 


ILLINOIS. 323 


shall be the duty of the secretary for the time being to convene the 
senate for the purpose of choosing a speaker. 

18. In case of an impeachment of the governor, his removal from 
office, death, refusal to qualify, resignation, or absence from the state, 
the lieutenant-governor shall exercise all the power and authority apper- 
taining to the office of governor, until the time pointed out by this con- 
stitution for the election of governor shall arrive, unless the general as- 
sembly shall provide by law for the election of a governor to fill such 

~vacancy. 

19. The governor, for the time being, and the judges of the supreme 
court, or a major part of them, together with the governor, shall be and 
are hereby constituted a council to revise all bills about to be passed into 
laws by the general assembly ; and for that purpose shall assemble them- 
selves from time to time when the general assembly shall be convened ; 
for which, nevertheless, they shall not receive any salary or considera- 
tion, under any pretence whatever ; and all bills which have passed the 
senate and house of representatives, shall, before they become laws, be 
presented to the said council for their revisal and consideration ; and if 
upon such revisal and consideration, it should appear improper to the 
said council, or a majority of them, that the bill should become a law of 
this state, they shall return the same, together with their objections 
thereto, in writing, to the senate or house of representatives, (in whichso- 
ever the same shall have originated,) who shall enter the objections set 
down by the council, at large, in their minutes, and proceed to recon- 
sider the said bill. But if, after stich reconsideration, the said senate or 
house of representatives shall, notwithstanding the said objections, agree 
to pass the same, by a majority of the whole number of members elected, 
it shall, together with the said objections, be sent to the other branch of 
the general assembly, where it shall also be reconsidered ; and if ap- 
proved by a majority of all the members elected, it shall become a law. 
If any bill shall not be returned within ten days after it shall have been 
presented, the same shall be law ; unless the general assembly shall, by 
their adjournment, render a return of the said bill, in ten days, impracti- 
cable; in which case the said bill shall be returned on the first day of the 
meeting of the general assembly after the expiration of the said ten days, 
or be a law. t 

20. The governor shall nominate, and, by and with the advice and 
consent of the senate, appoint a secretary of state, who shall keep a fair 
register of the official acts of the governor, and, when required, shall lay 
the same, and all papers, minutes, and vouchers, relative thereto, before 
either branch of the general assembly, and shall perform such other du- 
ties as shall be assigned him by law. 

21, The state treasurer, and public printer or printers for the state, 
shall be appointed biennially, by the joint vote of both branches of the 
general assembly : Provided, that during the recess of the same, the go- 
vernor shall have power to fill such vacancies as may happen in either of 
said offices. 

22. The governor shall nominate,.and, by and with the advice and 
consent of the senate, appoint, all officers, whose offices are established 
by this constitution, or shall be established by law, and whose appoint- 
ments are not herein otherwise provided for: Provided, however, that 
inspectors, collectors, and their deputies, surveyors of the highways, con- 


324 CONSTITUTION OF 


stables, jailers, and such inferior officers whose jurisdiction may be con 
fined within the limits of the county, shall be appointed in such manner 
as the general assembly shall prescribe. 


ARTICLE 4. 


§ 1. The judicial power of this state shall be vested in one supreme 
court, and such inferior courts as the general assembly shall from time to 
time ordain and establish. 

2. The supreme court shall be holden at the seat of government, and 
shall have an appellate jurisdiction only, except in cases relating to the 
revenue, in cases of mandamus, and in such cases of impeachment as 
may be required to be tried before it. 

3. The supreme court shall consist of a chief-justice, and three asso- 
ciates, any two of whom shall form a quorum. The number of justices 
may, however, be increased, by the general assembly, after the year ons 
thousand eight hundred and twenty-four. 

4. The justices of the supreme court, and the judges of the inferior 
courts, shall be appointed by joint ballot of both branches of the general 
assembly, and commissioned by the governor, and shall hold their offices 
during good behaviour, until the end of the first session of the general 
assembly, which shall be begun and held after the first day of January, 
in the year of our Lord one thousand eight hundred and twenty-four, at 
which time their commissions shall expire : and until the expiration of 
which time, the said justices respectively shall hold circuit courts in the 
several counties, in such manner, and’at such times, and shall have and 
exercise such jurisdiction as the general assembly shall by law prescribe. 
But ever after the aforesaid period, the justices of the supreme court shall 
be commissioned during good behaviour, and the justices thereof shall 
not hold circuit courts, unless required by law. 

5. The judges of the inferior courts shall hold their offices during 
good behaviour, but for any reasonable cause, which shall not be suffi- 
cient ground for impeachment, both the judges of the supreme and infe- 
rior courts shall be removed from office, on the address of two-thirds of 
each branch of the general assembly : Provided, always, that no mem- 
ber of either house of the general assembly, nor any person connected 
with a member by consanguinity or affinity, shall be appointed to fill 
the vacancy occasioned by such removal. he said justices of the st 
preme court, during their temporary appointments, shall receive an an- 
nual ‘salary of one thousand dollars, payable quarter-yearly out of the 
public treasury. The judges of the inferior courts, and the justices of 
the supreme court, who may be appointed after the end of the first ses- 
sion of the general assembly, which shall. be begun and held after the 
first day of January, in the year of our Lord one thousand eight hun- 
dred and twenty-four, shall have adequate and competent salaries, which 
shall not be diminished during their continuance in office. 

6. The supreme court, or a majority of the justices thereof, the cir- 
cuit courts, or the justices thereof, shall respectively appoint their own 
clerks. 

7. All process, writs, and other proceedings, shall run in the name of 
“the people of the state of Illinois.” All prosecutions shall be carried 
on in the name and by the authority of “ the people of the state of Ili- 
nois,” and conclude “ againat the peace and dignity of the stats.” 


ILLINOIS. 325 


8. A competent number of justices of the peace shall be appointed in 
each county, in such manner as the general assembly may direct, whose 
time of service, power, and duties, shall be regulated and defined by law. 
And justices of the peace, when so appointed, shall be commissioned by 
the governor. 

ARTICLE 5, 


§ 1. The militia of the state of Illinois shall consist of all free male 
able-bodied persons, (negroes, mulattoes, and Indians, excepted,) resi- 
dent in the state, between the ages of eighteen and forty-five years, ex- 
cept such persons as now are, or hereafter may be, exempted by the laws 
of the United States, or of this state, and shall be armed, equipped, and 
trained as the general assembly may provide by law. 

2. No person or persons conscientiously scrupulous of bearing arms 
shall be compelled to do militia duty in time of peace, provided such per- 
son or persons shall pay an equivalent for such exemption. 

3. Company, battalion, and regimental officers, staff officers excepted, 
shall be elected by the persons composing their several companies, bat- 
talions, and regiments. 

4, Brigadiers and majors-general shall be elected by the officers of their 
brigades and divisions respectively. 

5. All militia officers shall be commissioned by the governor, and may 
hold their commissions during good behaviour, or until they arrive at 
the age of 60 years. 

6. The militia shall, in all cases, except treason, felony, or breach of 
the peace, be privileged from arrest during their attendance at musters, 
and elections of officers, and in going to and returning from the same. 


ARTICLE 6, 


§ 1. Neither slavery nor involuntary servitude shall hereafter be in- 
troduced into this state, otherwise than for the punishment of crimes 
whereof the party shall have been duly convicted ; nor shall any male 
person, arrived at the age of twenty-one years, nor female person 
arrived at the age of eighteen years, be held to serve any person as 
a servant, under any indenture hereafter made, unless such person 
shall enter into such indenture while in a state of perfect freedom, 
and on condition of a bona fide consideration, received, or to be received, 
for their service. Nor shall any indenture of any negro or mulatto here- 
after made and executed out of this state, or, if made in this state, where 
the term of service exceeds one year, be of the least validity, except 
those given in cases of apprenticeship. 

2. No person bound to labour in any other state, shall be hired to la- 
bour in this state, except within the tract reserved for the salt works, 
near Shawneetown ; nor even at that place for a longer period than one 
year at any one time: nor shall it be allowed there after the year one 
thousand eight hundred and twenty-five; any violation of this article 
shall effect the emancipation of such person from his obligation to service. 

3. Each and every person who has been bound to service by contract 
or indenture, i in virtue of the laws of the Illinois territory, heretofore ex- 
isting, and in conformity to the provisions of the same, without fraud or 
collusion, shall be held to a specific performance of their contracts or in- 
dentures ; and such negroes and mulattoes as have been registered, in 
conformity with the aforesaid ae shall serve out the time appointed 

PAD 


326 CONSTITUTION OF 


by such laws: Provided, however, that the children hereafter born of 
such ‘persons, negroes, or mulattoes, shall become free, the males at the 
age of twenty-one years, the females at the age of eighteen years. Each 
and every child born of indentured parents shall be entered with the 
clerk of the county in which they reside, by their owners, within six 
months after the birth of said child. 


ARTICLE 7%. 


§ 1. Whenever two-thirds of the general assembly shall think it ne- 
cessary to alter or amend this constitution, they shall recommend to the 
electors, at the next election of members of the general assembly, to vote 
for or against a convention; and if it shall appear that a majority of all 
the citizens of the state, voting for representatives, have voted for a con- 
vention, the general assembly shall, at their next session, call a conven- 


tion, to consist of as many members as there may be in the general as- . 


sembly, to be chosen in the same manner, at the same place, and by the 
same electors that choose the general assembly, and which convention 
shall meet within three months after the said election, for the purpose of 
revising, altering, or amending this constitution. 


ARTICLE 8, 


That the general, great, and essential principles of liberty and free 
government may be recognised and unalterably established, we declare : 

§ 1. That all men are born equally free and independent, and have 
certain inherent and indefeasible rights; among which are those of en- 
joying and defending life and liberty, and of acquiring, possessing, and 
protecting property and reputation, and of pursuing their own happi- 
ness. 

2. That all power is inherent in the people ; and all free governments 
are founded on their authority, and instituted for their peace, safety, and 
happiness. 

3. That all men have a natural and indefeasible right to worship Al- 
mighty God according to the dictates of their own consciences: that no 
man can of right be compelled to attend, erect, or support any place of 
worship, or to maintain any ministry against his consent: that no human 
authority can, in any case whatever, control or interfere with the rights 
of conscience: and that no preference shall ever be given by law to any 
religious establishments or modes of worship. 

4. That no religious test shall ever be required as a qualification to 
any office or public trust under this state. 

5. That elections shall be free and equal. 

6. That the right of the trial by jury shall remain inviolate 

7. That the people shall be secure in their persons, houses, papers, 
and possessions, from unreasonable searches and seizures; and that 
general warrants, whereby an officer may be commanded to search sus- 
pected places without evidence of the fact committed, or to seize any 
person or persons not named, whose offences are not particularly de- 
scribed, and supported by evidence, are dangerous to liberty, and ought 
not to be granted. 

8. That no freeman shall be imprisoned or disseized of his freehold, 
liberties, or privileges, or outlawed, or exiled, or in any manner deprived 
of his life, liberty, or property, but by the judgment of his peers, or the 


, 


ILLINOIS. on O27 | 


law of the land. And all lands which have been granted as a common 
to the inhabitants of any town, hamlet, village, or corporation, by any 
person, body politic or corporate, or by any government having power 
to make such grant, shall far ever remain common to the inhabitants of 
such town, hamlet, village, or corporation: and the said commons shall 
not be leased, sold, or divided, under any pretence whatever: Provided, 
however, that nothing in this section shall be so construed as to affect 
the commons of Cahokia or Prairie Dupont: Provided, also, that the 
general assembly shall have power and authority to grant the same pri- 
vilege to the inhabitants of the said villages of Cahokia and Prairie Du- 
pont as are hereby granted to the inhabitants of other towns, hamlets, 
and villages. 

9. That, in all criminal prosecutions, the accused hath a right to be 
heard by himself and counsel; to demand the nature and cause of the 
accusation against him; to meet the witnesses face to face; to have 
compulsory process to compel the attendance of witnesses in his favour ; 
and, in prosecutions ky indictment or information, a speedy public trial 
by an impartial jury of the vicinage: and that he shall not be compelled 
to give evidence against himself. 

10. That no person shall, for any indictable offence, be proceeded against 
criminally, by information, except in cases arising in the land or naval 
forces, or the militia when in actual service, in time of war or public 
danger, by leave of the courts, for oppression or misdemeanour in office. 

11. No person shall, for the same offence, be twice put in jeopardy 
of his life or limb: nor shall any man’s property be taken or applied to 
public use without the consent of his representatives in the general as- 
sembly, nor without just compensation being made to him. 

12. Every person within this state ought to find a certain remedy in 
the laws, for all injuries or wrongs which he may receive in his person, 
property, or character: he ought to obtain right and justice freely, and 
without being obliged to purchase it; completely, and without denial ; 
promptly and without delay, conformably to the laws. 

13. That all persons shall be bailable by sufficient sureties, unless for 
“capital offences, where the proof is evident or the presumption great; 
and the privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion, the public safety may re- 
quire it. 

14. All penalties shall be proportioned to the nature of the offence ; 
the true design of all punishments being to reform, and not to extermi- 
nate mankind. 

15. No person shall be imprisoned for debt, unless upon refusal to 
deliver up his estate for the benefit of his creditors, in such manner as 
shall be prescribed by law, or in cases where there is strong presumption 
of fraud. 

16. No ex post facto law, nor any law impairing the validity of con- 
tracts, shall ever be made; and no conviction shall work corruption of 
blood or forfeiture of estate. 

17. That no person shall be liable to be transported out of this state 
for any offence committed within the same. 

18. That a frequent recurrence to the fundamental principles of civil 
government is absolutely necessary to preserve the blessings of liberty. 

19, That the people have a right to assemble together in a peaceable 


, 


328 CONSTITUTION OF 


manner, to consult for their common good, to instruct their representa- 
tives, and to apply to the general assembly for redress of grievances. 

20. That the mode of levying a tax shall be by valuation; so that 
every person shall pay a tax in proportion fo the value of the property 
he or she has in his or her possession. 

21. That there shall be no other banks or moneyed institutions in this 
state but those already provided by law, except a state bank and its 
branches, which may be established and regulated by the general assem- 
bly of the state, as they may think proper. 

22. The printing presses shall be free to every person who undertakes 
to examine the proceedings of the general assembly, or of any branch 
of government; and no law shall ever be made to restrain the right 
thereof. ‘The free communication of thoughts and opinions is one of the 
invaluable rights of man; and every citizen may freely speak, write, or 
print on any subject, being responsible for the abuse of that liberty. 

23. In prosecutions for the publication of papers investigating the 
official conduct of officers or men acting in a political capacity, or where 
the matter published is proper for public information, the truth thereof 
may be given in evidence; and, in all indictments for libels, the jury 
shall have the right of determining both the law and the fact, under the 
direction of the court, as in other cases. 


SCHEDULE. 


§ 1. That no mconveniences may arise from the change of a territo- 
rial to a permanent state government, it is declared by the convertion, 
that all rights, suits, actions, prosecutions, claims, and contracts, both as 
it respects individuals and bodies corporate, shall continue as if no 
change had taken place in this government, in virtue of the laws now 
in force. 

2. All fines, penalties, and forfeitures, due and owing to the territory 
of Illinois, shall inure to the use of the state. All bonds executed to 
the governor, or to any other officer in his official capacity in the terri- 
tory, shall pass over to the governor, or to the officers of the state, and 
their successors in office, for the use of the state, by him or by them to 
be respectively assigned over to the use of those concerned, as the case 
may be. 

3. No sheriff, or collector of public moneys, shall be eligible to any 
office in this state, until they have paid over, according to law, all 
moneys which they may have collected by virtue of their respective 
offices, 

4. There shall be elected in each county three county commissioners, 
for the purpose of transacting all county business, whose time of service, 
power, and duties, shall be regulated and defined by law. 

5. The governor, secretary, and judges, and all other officers under 
the territorial government, shall continue in the exercise of the duties 
of their respective departments, until the said officers are superseded 
under the authority of this constitution. 

6. The governor of this state shall make use of his private seal, until 
a state seal shall be provided. 

7. The oaths of office herein directed to be taken, may be adminis- 
tered by any justice of the peace, uril the general assembly shall other 
wise direct. 


> 3 


ILLINOIS, 329 © 


8. Until the first census shall be taken, as directed by this constitu- 
lion, the county of Madison shall be entitled to one senator and three 
representatives ; the county of St. Clair to one senator and three repre- 
sentatives ; the county of Bond to one senator and one representative ; 
the county of Washington to one senator and one representative; the 
county of Monroe to one senator and one representative ; the county of 
Randolph to one senator and two representatives; the county of Jack- 
son to one senator and one representative ; the counties of Johnson and 
Franklin to form one senatorial district, and to be entitled to one sena- 
tor, and each county to one representative; the county of Union to one 
senator and two representatives; the county of Pope to one senator and 
two representatives; the county of Gallatin to one senator and three 
representatives ; the county of White to one senator and three repre- 
sentatives ; the county of Edwards to one senator and two representa- 
tives ; and the county of Crawford to one senator and two representatives. 

9. The president of the convention shall issue writs of election, 
directed to the several sheriffs of the several counties, or in case of the 
absence or disability of any sheriff, then. to the deputy-sheriff, and in 
case of the absence or disability of the deputy-sheriff, then such writ to 
be directed to the coro,er, requiring them to cause an election to be held 
for governor, lieutenant governor, representative to the present congress 
of the United States, and members of the general assembly, and sheriffs 
‘and coroners in the respective counties: such election to commence on 
the third Tuesday of September next, and to continue for that and the 
two succeeding days ; and which election shall be conducted in the man- 
ner prescribed by the existing election laws of the Illinois territory ; and 
the said governor, lieutenant-governor, members of the general assembly, 
sheriffs, and coroners, then duly elected, shall continue to exercise the 
duties of their respective offices for the time prescribed by this constitu- 
tion, and until their successor or successors are qualified, and no longer. 

10. An auditor of public accounts, an attorney-general, and such other 
officers for the state as may be necessary, may be appointed by the gene- 
ral assembly, whose duties may be regulated by law. 

11. It shall be the duty of the general assembly to enact such laws as 
may be necessary and proper to prevent the practice of duelling. 

12. All white male inhabitants above the age of twenty-one years, 
who shall be actual residents of this state at the signing of this constitu- 
tion, shall have a right to a vote at the election to be held on the third 
Thursday, and the two following days, of September next. 

13. The seat of government for the state shall be at Kaskaskia until 
the general assembly shall otherwise provide. ‘The general assembly, at 
their first session holden under the authority of this constitution, shall 
petition the congress of the United States to grant to this state a quan- 
tity of land, to consist of not more than four nor less than one section, 
or to give to this state the right of pre-emption in the purchase of the 
said quantity of land. The said land to be situate on the Kaskaskia 
river, and, as near as may be, east of the third principal meridian on said 
river. Should the prayer of such petition be granted, the general assem- 
bly, at their next session thereafter, shall provide for the appointment of 
five commissioners to make the selection of said land so granted; and shall 
further provide for laying out a town upon the land so selected; which 
town, so laid out, shall be the sendin ch government of this state for the 

E 


- 330 . CONSTITUTION OF 


term of twenty years. Should, however, the prayer of said petition not 
be granted, the general assembly shall have power to make such pro- 
vision for a permanent seat of government as may be necessary, and 
shall fix the same where they may think best. 

14, Any person of thirty years of age, who is a citizen of the United 
States, and has resided within the limits of this state two years next 
preceding his election, shall be eligible to the office of lieutenant-go- 
vernor, any thing in the thirteenth section of the third article of this 
constitution contained, to the contrary notwithstanding. 


Done in convention, at Kaskaskia, the twenty-sixth day of August, 
in the year of our Lord one thousand eight hundred and eighteen, 
and of the independence of the United States of America the forty- 
third. 


In testimony whereof, we have hereunto subscribed our names. 


JESSE B. THOMAS, 
President of the Convention. 


John Messinger, Caldwell Carnes, 
James Lemen, jr. Enoch Moc ce, 
George Fisher, Samuel Omelveny, 
Elias Kent Kane, Hamlet Ferguson, 
B. Stephenson, Conrad Will, 
Joseph Borough, James Hall, jr. 
Abraham.Prickett, Joseph Kitchell, 
Michael Jones, Ed. N. Cullom, 
Leonard White, Thomas Kirkpatrick, 
Adolphus Fred. Hubbard, Samuel G. Morse, 
Hezekiah West, William Echols, 
Wm. M’Fatridge, John Whiteaker, 
Seth Gard, Andrew Bankson, 
Levi Compton, Isham Harrison, 
Willis Hargrave, Thomas Roberts. 
Wm. M’Henry, 


Attest, Wurtram C. Greenvp, 
Secretary of the Convention. 


AN ORDINANCE. 


Wueneas the congress of the United States, in the act, entitled “An 


act to enable the people of the Illinois territory to form a constitution ~ 


and state government, and for the admission of such state into the Union, 
on an equal footing with the original states, passed the 18th of April, 
1818,” have offered to this convention, for their free acceptance, or re- 
jection, the following propositions, which, if accepted by the convention, 
are to be obligatory upon the United States, viz : 

“1st. That section numbered sixteen, in every township, and when 
such section has been sold, or otherwise disposed of, other lands, equi- 
valent thereto, and as contiguous as may be, shall be granted to the 


®» 


we 


ILLINOIS. 331 


state, for the use of the inhabitants of such township, for the use of 
schools. 

«2d. That all salt springs within such state, and the lands, reserved 
for the use of the same, shall be granted to the said state for the use of 
the said state, and the same to be used under such terms, and conditions, 
and regulations, as the legislature of said state shall direct, provided the 
legislature shall never sell nor lease the same for a longer period than 
ten years at any one time. 

“3d. That five per cent. of the nett proceeds of the land lying within 
such state, which shall be sold by congress from and after the first day 
of January, one thousand eight hundred and nineteen, after deducting 
all expenses incident to the same, shall be reserved for the purposes fol- 
lowing, viz. ''wo-fifths to be disbursed under the direction of congress, 
in making roads leading to the state, the residue to be appropriated 
by the legislature of the state for the encouragement of learning ; of 
which one-sixth part shall be exclusively bestowed on a college or uni- 
versity. 

“4th. 'That thirty-six sections, or one entire township, which shall be 

designated by the President of the United States, together with the 
one heretofore reserved for that purpose, shall be reserved for the use of 
a seminary of learning, and vested in the legislature of the said state, 
to be appropriated solely to the use of such seminary, by the said legis- 
lature.” 
~ And whereas the four foregoing propositions are offered on the condi- 
tion that this convention shall provide, by ordinance, irrevocable without 
the consent of the United States, that every and each tract of land sold 
by the United States from and after the first day of January, one thou- 
sand eight hundred and nineteen, shall remain exempt from any tax 
laid by order or under the authority of the state, whether for state, 
county, or township, or any other purpose whatever, for the term of five 
years, from and after the day of sale. And further, that the bounty 
lands granted, or hereafter to be granted, for military services, during 
the late war, shall, while they continue to be held by the patentees, or 
their heirs, remain exempt, as aforesaid, from all taxes, for the term of 
three years, from and after the date of the patents respectively. And 
that all the lands belonging to the citizens of the United States, residing 
without the said state, shall never be taxed higher than lands belonging 
to persons residing therein. 

Therefore, this convention, on behalf of, and by the authority of the 
people of the state, do accept of the foregoing propositions; and de 
further ordain and declare, that every and each tract of land sold by the 
United States, from and after the first day of January, one thousand 
eight hundred and nineteen, shall remain exempt from any tax laid by 
order or under any authority of the state, whether for state, county, or 
township, or any purpose whatever, for the term of five years from and 
after the day of sale. And that the bounty lands granted, or hereafter 
to be gran‘ed, for military services, during the late war, shall, while they 
continue to be held by the patentees or their heirs, remain exempt, as 
aforesaid, from all taxes, for the term of three years from and after the 
date of the patents respectively ; and that all the lands belonging to 
the citizens of the United States, residing without the said state, shall 
never be taxed higher than lands belonging to persons residing therein, 


332 CONSTITUTION OF 


And this convention do further ofdain and declare, that the foregoing 
ordinance shall not be revoked without the consent of the United 
States. 


Done in convention, at Kaskaskia, on the 26th day of August, in the 
year of our Lord 1818, and of the independence of the United 
States of America the forty-third. 


JESSE B. THOMAS, 
President of the Convention. 
Attest, Wa. C. Greenup, 
Secretary to the Convention. 


CONSTITUTION OF ALABAMA. 


We, the people of the Alabama Territory, having the right of admis- 
sion into the general government, as a member of the Union, consistent 
with the constitution of the United States, by our representatives as- 
sembled in convention at the town of Huntsville, on Monday the fifth 
day of July, one thousand eight hundred and nineteen, in pursuance of 
an act of congress, entitled “An act to enable the people of the Alabama 
territory to form a constitution and state government, and for the admis- 
sion of such state into the Union, on an equal footing with the original 
states :” in order to establish justice, insure tranquillity, provide for the 
common defence, promote the general welfare, and secure to ourselves 
and our posterity the rights of life, liberty, and property, do ordain and 
establish the following constitution, or form of government; and do 
mutually agree with each other to form ourselves into a free and inde- 
pendent state, by the name of “the State of Alabama.” And we do 
hereby recognise, confirm, and establish the boundaries assigned to said 
state by the act of congress aforesaid, “ to wit: beginning at the point 
where the thirty-first degree of north latitude intersects the Perdido 
river, thence, east, to the western boundary line of the state of Georgia ; 
thence, along said line, to the southern boundary line of the state of 
Tennessee ; thence, west, along said boundary line, to the Tennessee 
river; thence up the same to the mouth of Bear creek; thence, by a 
direct line, to the north-west corner of Washington county ; thence, due 
south, to the Gulf of Mexico; thence eastwardly, including all islands 
within six leagues of the shore, to the Perdido river: and thence up the 
same, to the beginning’’—subject to such alteration as is provided in 
the third section of said act of congress, and subject to such enlargement 
as may be made by law in consequence of any cession of territory by 
the United States, or either of them. 


*h 


ALABAMA Bas 
ARTICLE lI, 
Declaration of Rights. 


That the general, great, and essential principles of liberty and free 
government may be recognised and established, we declare : 

§ 1. That all freemen, when they form a social compact, are equal 
in rights; and that no man or set of men are entitled to exclusive, 
separate public emoluments or privileges, but in consideration of public 
services. . 

2. All political power is inherent in the people, and all free govern- 
' ments are founded on their authority, and instituted for their benefit : 
and, therefore, they have at all times an unalienable and indefeasible 
right to alter, reform, or abolish their form of government, in such man- 
ner as they may think expedient. 

3. No person within this state shall, upon any pretence, be deprived 
of the inestimable privilege of worshipping God in the manner most 
agreeable to his own conscience ; nor be compelled to attend any place 
of worship; nor shall any one ever be obliged to pay any tithes, taxes, 
or other rate, for the building or repairing any place of worship, or for 
the maintenance of any minister or ministry. 

4, No human authority ought, in any case whatever, to control or 
interfere with the rights of conscience, 

5. No person shall be hurt, molested, or restrained, in his religious 
profession, sentiments, or persuasions, provided he does not disturb others 
in their religious worship. 

6. The civil rights, privileges, or capacities of any citizen, shall in 
no way be diminished, or enlarged, on account of his religious princi- 
ples. 

7. There shall be no establishment of religion by law ; no preference 
shall ever be given by law to any religious sect, society, denomination, 
or mode of worship: and no religious test shall ever be required as a 
qualification to any office or public trust under this state. 

8. Every citizen may freely speak, write, and publish his sentiments 
on all subjects, being responsible for the abuse of that liberty. 

9. The people shall be secure in their persons, houses, papers, and 
possessions, from unreasonable seizures or searches ; and no warrant to 
search any place, or to seize any person or thing, shall issue without de- 
scribing them as nearly as may be, nor without probable cause, sup- 
ported by oath or affirmation. 

10. In all criminal prosecutions, the accused has a right to be heard 
by himself and counsel: to demand the nature and cause of the accusa- 
tion, and have a copy thereof: to be confronted by the witnesses against 
him: to have compulsory process for obtaining witnesses in his favour, 
and in all prosecutions, by indictment or information, a speedy public 
trial by an impartial jury of the county or district in which the offence 
shall have been committed: he shall not be compelled to give evidence 
against himself, nor shall he be deprived of his life, liberty, or property, 
but by due course of law. 

11. No person shall be accused, arrested, or detained, except in cases 
ascertained by law, and according to the forms which the same has pre- 
scribed ; and no person shall be punished, but in virtue of a law, estab- 
uished and promulgated prior to the offence, and legally applied. 


334 CONSTITUTION OF 


12. No person shall, for any indictable offence, be proceeded against 
criminally, by information ; except in cases arising in the land and naval 
forces, or the militia when in actual service, or, by leave of the court, 
for oppression or misdemeanour in office. F 

13. No person shall, for the same offence, be twice put in jeopardy of 
life or limb ; nor shall any person’s property be taken or applied to pub- 
lic use, unless just compensation be made therefor. . 

14. All courts shall be open, and every person, for an injury done 
him, in his lands, goods, person, or reputation, shall have remedy by due 
course of law, and right and justice administered without sale, denial, or 
delay. 

15. No power of suspending laws shall be exercised, except by the 
general assembly, or its authority. 

16. Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel punishments inflicted. 

17. All persons shall, before conviction, be bailable by sufficient secu- 
rities, except for capital offences, when the proof is evident, or the pre- 
samption great: and the privilege of the writ of “ habeas corpus’’ shall 
aot be suspended, unless when, in case of rebellion, or invasion, the 
public safety may require it. 

18. The person of a debtor, where there is not strong presumption of 
fraud, shall not be detained in prison, after delivering up his estate for 
the benefit of his creditors, in such manner as shall be prescribed by 
law. 

19. No ex post facto law, nor law impairing the obligation of contracts, 
shall be made. 

20. No person shall be attainted of treason or felony by the general 
assembly. No attainder shall work corruption of blood, nor forfeiture of 
estate. 

21. The estates of suicides shall descend or vest as in cases of natural 
death ; if any person shall be killed by casualty, there shall be no for- 
feiture by reason thereof. 

22. The citizens have a right, in a peaceable manner, to assemble to- 
gether for their common good, and to apply to those invested with the 
powers of government for redress of grievances, or other proper purposes, 
by petition, address, or remonstrance. 

23. Every citizen has a right to bear arms in defence of himself and 
the state. 

24. No standing army shall be kept up without the consent of the 
general assembly ; and, in that case, no appropriation of money for its 
support shall be for a longer term than one year ; and the military shall, 
in all cases, and at all times, be in strict subordination to the civil power. 


25. No soldier shall, in time of peace, be quartered in any house, with- — 


out the consent of the owner; nor in time of war, but in a manner to be 
prescribed by law. 
26. No title of nobility, or hereditary distinction, privilege, honour, 


——»~ TT ~~ 


or emolument, shall ever be granted or conferred in this state ; nor shall . 
any office be created, the appointment of which shall be for a longer term 


than during good behaviour. 

27. Emigration from this state shall not be prohibited, nor shall any 
citizen be exiled. 

28. The right of trial by jury shall remain inviolate. 


} 
1 


ALABAMA. 335 


29. No person shall be debarted from prosecuting or defending any 
civil cause, for or against him or herself, before any tribunal in this 
state, by him or herself or counsel. 

30. This enumeration of certain rights shall not be construed to deny 
or disparage others retained by the people: and to guard against any 
encroachments on the rights herein retained, or any transgression of any 
of the high powers herein delegated, we declare, that every thing in this 
article is excepted out of the general powers of government, and shall 
for ever remain inviolate ; and that all laws contrary thereto, or to the 
following provisions, shall be void. 


ARTICLE 2, 


Distribution of Powers. 


§ 1. The powers of the government of the state of Alabama shall be 
divided into three distinct departments ; and each of them confided to a 
separate body of magistracy, to wit : those which are legislative to one ; 
those which are executive to another; and those which are judicial to 
another, 

2. No person, or collection of persons, being one of those departments, 
shall exercise any power properly belonging to either of the others, ex- 
ceptin the instances hereinafter expressly directed or permitted. 


ARTICLE 3. 


Legislative Department. 


§ 1. The legislative power of this state shall be vested in two distinct 
branches: the one to be styled the senate, and the other the house of 
representatives, and both together “ the general assembly of the state of 
Alabama ;” and the style of their laws shall be, “ Be it enacted by the 
senate and house of representatives of tke state of Alabama, in general 
assembly convened.” 

2. The members of the house of representatives shall be chosen by 
the qualified electors, and shall serve for the term of one year, from the 
day of the commencement of the general election, and no longer. 

3. The representatives shall be chosen every year, on the first Monday 
and the day following in August, until otherwise directed by law. 

4, No person shall be a representative, unless he be a white man, a 
citizen of the United States, and shall have been an inhabitant of this 
state two years next preceding his election, and the last year thereof a 
resident of the county, city, or town, for which he shall be chosen, and 
shall have attained the age of twenty-one years. 

5. Every white male person of the age of twenty-one years, or up- 
wards, wh» shall be a citizen of the United States, and shall have re- 
sided in this state one year next preceding an election, and the last three 
montks within the county, city, or town, in which he offers to vote, 
shall be deemed a qualified elector : provided, that no soldier, seaman, 
or marine, in the regular army or navy of the United States, shall be en- 
litled to vote at any election in this state ; and provided, also, that no 
elector shall be entitled to vote except in the county, city, or town (en- 
titled to separate representation) in which he may reside at the time of 
the election. 

6. Electors shall, in all cases, except in those of treason, felony, or 


336 CONSTITUTION OF 


breach of the peace, be privileged from arrest during their attendance at 

elections, and in going to and returning from the same. 

- %, In all elections by the people, the electors shall vote by ballot, until 
the general assembly shall otherwise direct. 

8. Elections for representatives for the several counties shall be held 
at the place of holding their respective courts, and at such other places 
as may be prescribed by law ; Provided, that when it shall appear to 
the general assembly that any city or town shall have anumber of white 
inhabitants equal to the ratio then fixed, such city or town shall have a 
separate representation, according to the number of white inhabitants 
therein ; which shall be retained so long as such city or town shall con- 
tain a number of white inhabitants equal to the ratio which may from 
time to time be fixed by law; and thereafter, and during the existence 
of the right of separate representation, in such city or town, elections for 
the county in which such city or town (entitled to such separate repre- 
sentation) is situated, shall not be held in such city or town; but it is 
understood and hereby declared, that no city or town shall be entitled to 
separate representation, unless the number of white inhabitants in the 
county in which such city or town is situated, residing out of the limits 
of said city or town, be equal to the existing ratio; or unless the resi- 
duum or fraction of such city or town shall, when added to the white 
inhabitants of the county residing out of the limits of said city or town, 
be equal to the ratio fixed for law by one representative ; and provided, 
that, if the residuum or fraction of any city or town, entitled to separate 
representation, shall, when added to the residuum of the county in which 
it may lie, be equal to the ratio fixed by law for one representative, then 
the aforesaid county, city, or town, having the largest residuum, shall be 
entitled to such representation : and provided, also, that when there are 
two or more counties adjoining, which have residuums or fractions over 
and above the ratio then fixed by law, if said residuums or fractions, 
when added together, will amount to such ratio, in that case one repre- 
sentative shall be added to that county having the largest residuum. 

9. The general assembly shall, at their first meeting and in the years 
one thousand eight hundred and twenty, one thousand eight hundred 
and twenty-three, one thousand eight hundred and twenty-six, and every 
six years thereafter, cause an enumeration to be made of all the inhabit- 
ants of the state, and the whole number of the representatives shall, at 
the first session held, after making every such enumeration, be fixed by 
the general assembly, and apportioned among the several counties, cities, 
or towns, entitled to separate representation, according to their respec- 
tive numbers of white inhabitants; and the said apportionment, when 
made, shall not be subject to alteration, until after the next census shall 
be taken. The house of representatives shall. not consist of less than 
forty-four nor more than sixty members, until the number of white in- 
babitants shall be one hundred thousand, and after that event, the whole 
number of representatives shall never be less than sixty, nor more than 
one hundred: Provided, however, that each county shall be entitled to 
at least one representative. 

10. The general assembly shall, at the first session, after making every 
such enumeration, fix by law the whole number of senators, and shall 
divide the state into the same number of districts, as nearly equal in the 
number of white inhabitants as may be, each of which districts shall be 


AI PET = 


ALABAMA. 337 


entitled to one senator and no more; Provided, that the whole number 
of senators shall never be less than one-fourth, nor more than one-third, 
of the whole number of representatives. 

11. When a senatorial district shall be composed of two or more coun- 
ties, the counties of which such district consists shall not be entirely se- 
parated by any county belonging to another district ; and no hemo shall 
be divided in forming a district. 

12, Senators shall be chosen by the qualified electors, for the ter m of 
three years, at the same time, in the same manner, and at the sam 
- places, where they may vote for members of the house of representatives 
and no person shall be a senator unless he be a white man, a citizen of 
the United States, and shall have been an inhabitant of this state two 
years next preceding his election, and the last year thereof a resident of 
the district for which he shall be chosen, and shall have attained to the 
age of twenty-seven years. 

13. The senators chosen according to the apportionment under the 
census ordered to be taken in one thousand eight hundred and twenty- 
six, when convened, shall be divided by lot into three classes, as nearly 
equal as may be. The seats of the senators of the first class shall be va- 
cated at the expiration of the. first year, those of the second class at the 
expiration of the second year, and those of the third class at the expira- 
tion of the third year, so that one third may be annually chosen there- 
after, and a rotation thereby kept up perpetually. Such mode of classify- 
ing new additional senators shall be observed as will, as nearly as possi- 
ble, preserve an equality of members in each class. 

14. The house of representatives, when assembled, shall choose a 
speaker, and its other officers ; and the senate shall, annually, choose a 
president, and its other officers; each house shall judge of the qualifica- 
tions, elections, and returns of its own members : but a contested election 
shall be determined in such manner as shall be directed by law. 

15. A majority of each house shall constitute a quorum to do busi- 
ness, but a smaller number may adjourn from day to day, and may com- 
pel the attendance of absent members in such manner, and under such 
penalties, as each house may provide. 

16. Each house may determine the rules of its own proceedings, pun- 
ish members for disorderly behaviour, and, with the consent of two-thirds, 
expel a member; but not a second time for the same cause; and shall 
have all other powers necessary for a branch of the legislature of a free 
and independent state. 

17. Each house, during the session, may punish by imprisonment, 
any person, not a member, for disrespectful or disorderly behaviour, in 
its presence, or for obstructing any of its proceedings: Provided, that 
such imprisonment shall not, at any one time, exceed forty-eight hours. 

18. Each house shall keep a journal of its proceedings, and cause the 
same to be published immediately after its adjournment, excepting such 
parts as, in its judgment, may require secrecy ; and the yeas and nays 
of the members of either house, on any question, shall, at the desire of 
any two members present, be entered on the journals. And any mem- 
ber of either house shall have liberty to dissent from, or protest against, 
any act or resolution which he may think injurious to the public or an 
individual, and have the reasons of his dissent entered on the journals. 

19, Senators and representatives shall, in al] cases, except treasop 


2.¥F 


338 CONSTITUTION OF 


felony, or breach of the peace, be privileged from arrest during the ses- 
sion of the general assembly, and in going to and returning from the 
same ; allowing one day for every twenty miles such members may -® 
side from the place at which the general assembly is convened ; nor shall 
any member be liable to answer for any thing spoken in debate in either 
house, in any court or place elsewhere. 

20. When vacancies happen in either house, the governor, or the 
person exercising the powers of the governor, shall issue writs of elec- 
tion to fill such vacancies. 

21. The doors of each house shall be open, except on such occasions 
as, in the opinion of the house, may require secrecy. 

22. Neither house shall, without the consent of the other, adjourn for 
more than three days, nor to any other place than that in which they 
may be sitting. 

23. Bills may originate in either house, and be amended, altered, or 
rejected by the other ; but no bill shall have the force of a law until on 
three several days it be read in each house, and free discussion be allowed 
thereon, unless, in cases of urgency, four-fifths of the house in which the 
bill shall be depending may deem it expedient to dispense with this rule : 
and every bill, having passed both houses, shall be signed by the speaker 
and president of their respective houses ; provided, that all bills for rais- 
ing revenue shall originate in the house of representatives, but the senate 
may amend or reject them as other bills. 

24. Each member of the general assembly shall receive from the pub- 
lic treasury such compensation for his services as may be fixed by law; 
but no increase of compensation shall take effect during the session at 
which such increase shall have been made. 

25. No senator or representative shall, during the term for which he 
shall have been elected, be appointed to any civil office of profit under 
this state, which shall have been created, or the emoluments of which 
shall have been increased, during such term ; except such offices as may 
be filled by elections by the people. 

26. No person holding any lucrative office under the United States, 
(the office of postmaster excepted,) this state, or any other power, shall 
he eligible to the general assembly ; provided, that offices in the militia 
to which there is attached no annual salary, or the office of justice of 
the peace, or that.of the quorum of the county court, while it has no 
salary, shall not be deemed lucrative. 

27. No person who may hereafter be a collector or holder of public 
moneys shall have a seat in either house of the general assembly, or be 
eligible to any office of trust or profit under this state, until he shall have 
accounted for, and paid into the treasury, all sums for which he may be 
accountable. 

28. The first election for senators and representatives shall be gene- 
ral throughout the state; and shall be held on the third Monday and 
Tuesday in September next, 

29, The first session of the general assembly shall commence on the 
fourth Monday in October next, and be held at the town of Huntsville, 
and all subsequent sessions at the town of Cahawba, until the end of the 
first session of the general assembly to be held in the year one thousand 
eight hundred and twenty-five; during that session the general assem- 
bly shall have power to designate by law (to which the executive con 


~<a 


ee 


ALABAMA | 339 


currence shall not be required) the permanent seat of government, which 
shall not thereafter be changed; Provided, however, that unless such 
designation be then made by law, the government shall continue per- 
manently at the town of Cahawba; and provided, also, that the general 
assembly shall make no appropriations previous to the year one thou- 
sand eight hundred and twenty-five, for the building of any other state 

house than that now provided for by law. 


ARTICLE 4, 
Executive Department. 


§ 1. The supreme executive power of this state shall be vested in 2 
chief magistrate, who shall be styled ‘the governor of the state of Ala- 
bama. 

2. The governor shall be elected by the qualified electors at the time 
and places when they shall respectively vote for representatives. 

3. The returns of every election for governor shall be sealed up, and 
transmitted to the seat of government, directed to the speaker of the 
house of representatives, who shall, during the first week of the session, 
open and publish them in presence of both houses of the general assem- 
bly. The person having the highest number of votes shall be governor, 
but if two or more shall be equal and highest in votes, one of them shall 
be chosen governor by the joint vote of both houses. Contested elec- 
tions for governor shall be determined by both houses of the general as- 
sembly, in such manner as shall be prescribed by law. 

4, The governor shall hold his office for the term of two years from 
the time of his installation, and until his successor shall be duly quali- 
fied, but shall not be eligible for more than four years in any term of six 
years; he shall be at least thirty years of age, shall be a native citizen 
of the United States, and shall have resided in this state at least four 
years next preceding the day of his election. 

5. He shall, at stated times, receive a compensation, for his services, 
which shall not be increased or diminished during the term for which he 
shall have been elected. : 

6. He shall be commander-in-chief of the army and navy of this state, 
and of the militia thereof, except when they shall be called into the ser- 
vice of the United States. And when acting in the service of the Uni- 
ted States, the general assembly shall fix his rank. 

7. He may require information in writing from the officers in the ex- 
ecutive department on any subject relating to the duties of their respec- 
tive offices. 

8. He may, by proclamation, on extraordinary occasions convene the 
general assembly at the seat of government, or at a different place, if 
that shall have become, since their last adjournment, dangerous from an 
enemy or from contagious disorders; in case of disagreement between 
the two houses, with respect to the time of adjournment, he may adjourn 
them to such time as he shall think proper, not beyond the day of the 
next annual meeting of the general assembly. 

9. He shall from time to time give to the general assembly inforrna- 
tion of the state of the government, and recommend.to their considera 
tion such measures as he may deem expedient. 

10. He shall take scare that the laws be faithfully executed. 


340 | CONSTITUTION OF 


£1. In all criminal and penal eases, except in those of treason and im- 
peachment, he shall have power to grant reprieves and pardons, and re- 
mit fines and forfeitures, under such rules and regulations as shall be 
prescribed by iaw. In cases of treason he shall have power, by and with 
the advice and consent of the senate, to grant reprieves and pardons ; 
and he may, in the recess of the senate, respite the sentence until the 
end of the next session of the general assémbly: 

12. There shall be a seal of this state, which shall be kept by the go- 
vernor, and used by him officially, and the present seal of the territory 
shall be the seal of the state, until otherwise directed by the general as- 
sembly. 

13. All commissions shall be in the name, and by the authority of 
the state of Alabama, be sealed with the state seal, signed by the gover- 
nor, and attested by the secretary of state. 

14, ‘There shall be a secretary of state appointed by joint vote of both 
houses of the general assembly, who shail continue in office during the 
term of two years. He shall keep a fair register of all official acts and 
proceedings of the governor, and shall, when required, lay the same, and 
all papers, minutes, and vouchers relative thereto, before the general as- 
sembly ; and shall perform such other duties as may be required of him 
by law. 

15. Vacancies that may happen in offices, the appointment to which 
is vested in the general assembly, shall be filled by the governor during 
the recess of the general assembly, by granting commissions which shall 
expire at the end ‘of the next session. 

16, Every bill which shall have passed both houses of the’ general as- 
sembly, shall be presented to the governor: if he approve, he shall sign 
it; but if not, he shall return it, with his objections, to the house in which 
it shaJl have originated, who shall enter the objections at large upon the 


journals, and frroceed to reconsider it; if, after such reconsideration, a’ 


majority of the whole number elected to that house shall agree to pass 
the bill, it shall be sent, with the objections, to the other house; by which 
it shall likewise be reconsidered ; if approved by a majority of the whole 
number elected to that house, it shall become a law: but in such cases 
the votes of both houses shall be determined by yeas and nays, and the 
names of the members voting for or against the bill shall be entered on 
the journals of each house respectively : if any bill shall not be returned 
by the governor within five days, Sundays excepted, after it shall have 
been presented to him, the same shall be a law in like manner as if he 
had signed it, unless the general assembly, by their adjournment, prevent 
its return, in which case it shall not be a law. 

17. Every order, resolution, or vote, to which the concurrence of both 
houses may be necessary, except on questions of adjournment, shall be 
presented to the governor, and, before it shall take effect, be approved by 


him ; or, being disapproved, shall be repassed by both houses, according’ 


to the rules and limitations prescribed in the case of a bill. 

18. In case of the impeachment of the governor, his removal from 
office, death, refusal to qualify, resignation, or absence from the state, 
the president of the senate-shall exercise all the power and authority ap- 
pertaining to the office of governor, until the time pointed dut by this 
constitution for the election of governor shall arrive, unless the general 
assembly shall provide by law for the election of a governor to fill such 


4 


' 
‘ 


F ALABAMA. 341 


vacancy, or until the governor absent or impeached shall return or be 
acquitted. 

19. If, during the vacancy of the office of governor, the president of 
the senate shall be impeached, removed from office, refuse to qualify, re- 
sign, die, or be absent from the state, the speaker of the house of repre- 
sentatives shall in like manner administer the government. 

20. ‘The president of the senate and speaker of the house of represen- 
tatives, during the time they respectively administer the government, 
shall receive the same compensation which the governor would have re- 
ceived, had he been employed in the duties of his office. 

21, The governor shall always reside, during the session of the gene- 
ral assembly, at the place where their session may be held, and at all 
other times, wherever, in their opinion, public good may require. 

22. No person shall hold the office of governor, and any other office 
- or commission, civil or military, either in this state, or under any state 
or the United States, or any other power, at one and the same time. 

23. A state treasurer and a comptroller of public accounts shall be 
annually elected, by joint vote of both houses of the general assembly. 

24, A sheriff shall be elected in each county by the qualified electors 
_ thereof, who shall hold his office for the term of three years unless 
sooner removed, and who shall not be eligible to serve either as princi- 
pal or deputy for the three succeeding years. Should a vacancy occur 
subsequent to an election, it shall be filled by the governor, as in other 
cases, and the person so appointed shall continue in office until the next 
general election, when such vacancy shall be filled by the qualified elec- 
tors, and the sheriff then elected shall continue in office for three years. 


Militia. 


§ 1. The general assembly shall provide by law for the organizing and 
disciplining the militia of this state, in such manner as they shall deem 
expedient, not incompatible with the constitution and laws of the United 
States in relation thereto. 

2. Any person who conscientiously scruples to bear arms shall not be 
compelled to do so, but shall pay an equivalent for personal service. 

3. The governor shall have power to call forth the militia to execute 
the laws of the state, to suppress insurrections, and repel invasions. 

4, All officers of the militia shall be elected or appointed in such 
manner as may be prescribed by law: Provided, that the general assem- 
bly shall not make any such elections or appointments, other than those 
of adjutants-general, and quarter-masters-general. 

5. The governor shall appoint his aids-de-camp ; majors-general, their 
aids-de-camp, and all other division staff-officers ; brigadiers-general shall 
appoint their aids, and all other brigade staff-officers ; and colonels shall 
appoint their regimental staff-officers. 

6. The general assembly shall fix by law the method of dividing the 
militia into divisions, brigades, regiments, battalions, and companies : 
and shall fix the rank of all staff-officers, 


ARTICLE 5. 


Judicial Department. 


§ 1. The judicial power of this state shall be vested in one supreme 
court, circuit. courts to be held in each county in the state, and such ine 
2F2 


342 CONSTITUTION OF, 


ferior courts of law and equity, to consist of not more than five members, 
as the general assembly may, from time to time, direct, ordain, and estab- 
lish. . ~ 

2./The supreme court, except in cases otherwise directed by this con- 
stitution, shall have appellate jurisdiction only, which shall be co-exten- 
sive with the state, under such restrictions and regulations, not repug 
nant to this constitution, as may from time to time be prescribed by law; 
Provided, that the supreme court shall have power to issue writs of in 
junction, mandamus, quo warranto, habeas corpus, and such other reme- 
dial and original writs as may be necessary to give it a general superin 
tendence and control of inferior jurisdictions. 

3. Until the general assembly shall otherwise prescribe, the powers of 
the supreme court shall be vested in, and its duties shall be performed 
by, the judges of the several circuit courts within this state : and they, or 
a majority of them, shall hold such sessions of the supreme court, and at 
such times as may be directed by law: Provided, that no judge of the 
supreme court shall be appointed before the coramencement of the first 
session of the general assembly which shall be begun and held after the 
first day of January in the year one thousand eight hundred and twenty- 
five. 

4, The supreme court shall be holden at the seat of government, but 
may adjourn to a different place, if that shall become dangerous from an 
enemy or from disease. 

5. The state shall be divided into convenient circuits, and each cir- 
cuit shall contain not less than three, nor more than six counties: and 
for each circuit there shall be appointed a judge, who shall, after his ap- 
pointment, reside in the circuit for which he may be appointed. 

6. The circuit court shall have original jurisdiction in all matters, civil 
and criminal, within this state, not otherwise excepted in this constitu- 
tion ; but in civil cases, only when the matter or sum in controversy ex- 
ceeds fifty dollars. 

7, A circuit court shall be held in each county in the state, at least 
twice in every year, and the judges of the several circuit courts may 
hold courts for each other, when they may deem it expedient, and shall 
do so when directed by law. 

8. The general assembly shall have power to establish a court or 
courts of chancery, with original and appellate equity jurisdiction ; and 
until the establishment of such court or courts, the said jurisdiction shall 
be vested in the judges of the circuit courts respectively : Provided, that 
the judges of the several cirewit courts shall have power to issue writs of 
injunction, returnable into the courts of chancery. 

9. The general assembly shall have power to establish, in each county 
within this state, a court of probate, for the granting of letters testament- 
ary and of administration, and for orphan’s business. 

10. A competent number of justices of the peace shall be appointed 
in and for each county, in such mode, and-for such term of office, as the 
general assembly may direct. Their jurisdiction in civil cases shall be 
limited to causes in which the amount in controversy shall not exceed 


fifty dollars. And in all cases, tried by a justice of the peace, right of. 


appeal shall be secured, under such rules and regulations as may be pre- 
seribed by law. 
11) Judges of the supreme ‘and circuit courts, and courts of chancery, 


Pe — 


i, 


‘ ALABAMA 343 


shall, at stated times, receive for their services a compensation, which 
shall be fixed by law, and shall not be diminished during their continu- 
ance in office: but they shall receive no fees or perquisites of office, nor 
hold any other office of profit or trust under this state, the United States, 
or any other power. 

12. Chancellors, judges of the supreme court, judges of the circuit 
courts, and judges of the inferior courts, shall be elected.by joint vote of 
both houses of the general assembly. 

13. The judges of the several courts in this state shall hold the 
offices during good behaviour ; and for wilful neglect of duty, or other 
reasonable cause, which shall not be sufficient ground for impeachment, 
the governor shall remove any of them, on the address of two-thirds of 
each house of the general assembly ; provided, however, that the cause 
or causes for which such removal shall be required, shall be stated at 
length in such address, and entered on the journals of each house ; and 
provided further, that the cause or causes shall be notified to the judge 
so intended to be removed, and he shall be admitted to a hearing in his 
own defence, before any vote for such address shall pass; and in all 
such cases the vote shall be taken by yeas and nays, and entered on the 
journals of each house respectively ; and provided also, that the judges 
of the several circuit courts who shall be appointed before the com- 
mencement of the first sessiun of the general assembly which shall be 
begun and held after the first day of January in the year of our Lord 
one thousand eight hundred and twenty-five, shall only hold their offices 
during good behaviour, until the end of the said session, at which time 
their commissions shall expire. 

14, No person who shall have arrived at the age of seventy years shall 
be appointed to, or continue in the office of judge in this state. 

15. Clerks of the circuit and inferior courts in this state shall be 
elected by the qualified electors in each county, for the term of four 
years, and may be removed from office for such cause, and in such man- 
ner as may be prescribed by law; and should a vacancy occur, subse- 
quent to an election, it shall be filled by the judge or judges of the courts 
in which such vacancy exists; and the person so appointed shall hold 
his office until the next general election ; provided, however, that after 
the year one thousand eight hundred and twenty-six, the general assem- 
bly may prescribe a different mode of appointment, but shall not make 
such appointment. 

16. The judges of the supreme court shall, by virtue of their offices, 
be conservators of the peace throughout the state ; as also the judges of 
the circuit courts in their respective districts, and judges of the inferior 
courts in their respective counties. 

17. The style 8f all process shall be “ the state of Alabama,” and all 
prosecutions shall be carried on in the name, and by the authority of the 
state of Alabama, and shall conclude “ against the peace and dignity of 
the same.” 

18. There shall be an attorney-general for the state, and as many so- 
licitors as the general assembly may deem necessary, to be elected by a 
joint vote thereof, who shall hold their offices for the term of four years, 
and shall receive for their services a compensation, which shall not he 
diminished during their continuance in office. 


344. CONSTITUTION OF 


Impeachments. 


§ 1. The house of representatives shall have the sole power of im- 
peaching. 

2, All impeachments shall be tried by the senate: when sitting for 
that purpose, the senators shall be on oath or affirmation: and no per- 
son shall be convicted without the concurrence of two-thirds of the mem- 
bers present. 

3. The governor and all civil officers shall be liable to impeachment 
for any misdemeanour in office; but judgment in such cases shall not 
extend further than to removal from office, and to disqualification to hold 
any office of honour, trust, or profit, under the state: but the party con- 
victed shall nevertheless be liable and subject to indictment, trial, and 
punishment, according to law. 


ARTICLE 6, 
« General Provisions. 


§ 1. The members of the general assembly, and all officers, executive 
and judicial, before they enter on the execution of their respective offices, 
shall take the following oath or affirmation, to wit: “I solemnly swear 
(or affirm, as the case may be) that I will support the constitution of 
the United States, and constitution of the state of Alabama, so long as I 
continue a citizen thereof, and that I will faithfully discharge, to the best 
of my abilities, the duties of , according to law. So help me God. 

2. Treason against the state shall consist only in levying war against 
it, or in adhering to its enemies, giving them aid and comfort. No per- 
son shall be convicted of ‘treason unless on the testimony of two wit- 
nesses to the same overt act, or his own confession in open court. 

3. The general assembly shall have power to pass such penal laws to 
suppress the evil practice of duelling, extending to disqualification from 
office or the tenure thereof, as they may deem expedient. 

4, Every person shall be disqualified from holding any offiee or place 
of honour or profit, under the authority of the state, who shall be con- 
victed of having given or offered any bribe to procure his election or 
appointment. 

5. Laws shall be made to exclude from office, from suffrage, and from 
serving as jurors, those who shall hereafter be convicted of bribery, per- 
jury, forgery, or other high crimes or misdemeanors. The privilege of 
free suffrage shall be supported by laws regulating elections, and pro 
hibiting, under adequate penalties, all undue influence thereon, from 
power, bribery, tumult, or other improper conduct. 

6. In all elections by the general assembly, the members thereof shall 
vote viva voce, and the votes shall be entered on the journals. 

7. No money shall be drawn from the treasury, but in consequence 
of an appropriation made by law ; and a regular statement and account 
of the receipts and expenditures of all public moneys shall be published 
annually. 

8. All lands liable to taxation in this state, shall be taxed in propor- 
tion to their value. 

9. The general assembly shall direct, by law, in what manner, and ir 
what courts, suits may be brought against the state. 


ALABAMA. 845 


10. It shall be the duty of the general assembly to regulate by law, 
the cases in which deductions shall be made from the salaries of public 
officers, for neglect of duty in their official capacities, and the. amount 
of such deduction. 

11. Absence on business of this state, or of the United States, or on 
a visit, or necessary private business, shall not cause a forfeiture of a 
residence once obtained. 

12. No member of congress, nor any person holding any office of 
profit or trust under the United States, (the office of postmaster ex 
cepted,) or either of them, or any foreign power, shall hold or exercise 
any office of profit under this state. . 

13. Divorces from the bonds of matrimony shall not be granted but 
in cases provided for by law, by suit in chancery: and no decree for 
such divorce shall have effect until the same shall be sanctioned by two- 
thirds of both houses of the general assembly. 

14, In prosecutions for the publishing ef papers investigating the 
official conduct of officers or men in public capacity, or when the mat- 
ter published is proper for public information, the truth thereof may 
be given in evidence; and in all indictments for libels, the jury shall 
have a right to determine the law and the facts, under the direction of 
the courts. 

15. Returns of all elections for officers who are to be commissioned 
by the governor, and for members of the general assembly, shall be made 
to. the secretary of state. - 

»16. No new county shall be established by the general assembly, 
which shall reduce the county or counties, or either of them, from which 
it shall be taken, to a less content than nine hundred square miles ; nor 
shall any county be laid off of less contents. Every new county, as to 
the right of suffrage and representation, shall be considered as a part of 
the-county or counties from which it was taken, until entitled by num- 
bers to the right of separate representation. : 

17. The general assembly shall, at their first session, which may be 
holden in the year eighteen hundred and twenty-eight, or at the next 
succeeding session, arrange and désignate boundaries for the several 
counties within the limits of this state, to which the Indian title shall 
have been extinguished, in such manner as they may deem expedient, 
which boundaries shall not be afterwards altered, unless by the agreement 
of two-thirds of both branches of the general assembly ; and in all cases . 
of ceded territory acquired by the state, the general assembly may make 
such arrangements and designations of the boundaries of counties within 
such ceded territory, as they may deem expedient, which shall only be 
altered in like manner; provided, that no county hereafter to be formed 
shall be of less extent than nine hundred square miles, 

18. It shall be the duty of the general assembly to pass such laws 
as may be necessary and proper to decide differences by arbitrators, to be 
appointed by the parties, who may choose that summary mode of ad- 
justment. 

19, It shall be the duty of the general assembly, as soon as circum- 
stances will permit, to form a penal code, founded on principles of re- 
formation, and not of vindictive justice. 

20. Within five years after the adoption of this constitution, the body 
of our laws, civil and criminal, shall be revised, digested, and arranged _ 


346 CONSTITUTION OF 


under proper heads, and promulgated in such manner as the general 
assembly may direct: and a like revision, digest, and promulgation shall 
be made within every subsequent period ‘of ten years. 

21. The general assembly shall make provision by law for obtaining 
correct knowledge of the several objects proper for improvement in re- 
lation to the navigable waters, and to the roads in this state, and for 
making a systematic and economical application of the means appropri- 
ated to those objects. 

22. In the event of the annexation of any foreign territory to this 
state, by a cession from the United States, laws may be passed, extend- 
ing to the inhabitants of such territory all the rights and privileges which 
may be required by the terms of such cession ; any thing in this con- 
stitution to the contrary notwithstanding. 


Education. 


Schools, and the means of education, shall for ever be encouraged in 
this state; and the general assembly shall take measures to preserve 
from unnecessary waste or damage such lands as are, or hereafter may 
be, granted by the United States for the use of schools within each town- 
ship in this state, and apply the funds, which may be raised from such 
lands, in strict conformity to the object of such grant. The general 
assembly shall take like measures for the improvement of such lands as 
have been or may be hereafter granted by the United States to this state, 
for the support of a seminary of learning, and the moneys, which may 
be raised from such lands, by rent, lease, or sale, or from any other quar- 
ter, for the purpose aforesaid, shall be and remain a fund for the exclu- 
sive support of a state university, for the promotion of the arts, litera- 
ture, and the sciences ; and it shall be the duty of the general assembly, 
as early as may be, to provide effectual means for the improvement 
and permanent security of the funds and endowments of such insti- 
tution. 


Establishment of Banks. 


§ 1. One state bank may be established, with such number of branches 
as the general assembly may, from time to time, deem expedient : Pro- 
vided, that no branch bank shall be established, nor bank charter re- 
newed, under the authority of this state, without the concurrence of 
two-thirds of both houses of the general assembly ; and provided, also, 
that not more than one bank nor branch bank shall be established, nor 
bank charter renewed, at any one session of the general assembly ; nor 
shall any bank or branch bank be established, or bank charter renewed, 
but in conformity with the following rules: 

1. At least two-fifths of the capital stock shall be reserved for the 
state. 

2. A proportion of power in the direction of the bank shall be re- 
served to the state, equal at least to its proportion of stock therein. 

3. The state, and the individual stockholders, shall be liable respec- 
tively, for the debts of the bank, in proportion to their stock holden 
therein. 

4. The remedy for collecting debts shall be reciprocal, for and against 
the bank. 


mot 


ALABAMA.’ 347 


5. No bank shall commence operations until half of the capital stock 
subscribed for be actually paid in gold or silver, which amount shall, in 
no case, be less than one hundred thousand dollars. 

6. In case any bank or branch bank shall neglect or refuse to pay, on 
demand, any bill, note, or obligation, issued by the corporation, according 
to the promise therein expressed, the holder of any such note, bill, or 
obligation, shall be entitled to receive and recover interest thereon, until 
the same shall be paid, or specie payments are resumed, by said bank, 
at the rate of twelve per cent. per annum from the date of such demand, 
unless the general assembly shall sanction such suspension of specie 
payments ; and the general assembly shall have power, after such neglect 
or refusal, to adopt such measures as they may deem proper, to protect 
and secure the rights of all concerned: and to declare the charter of 
such bank forfeited. 

7. After the establishment of a general state bank, the banks of this 
state now existing may be admitted as branches thereof, upon such terms 
as the legislature and the said banks may agree, subject, nevertheless to 
the preceding rules, 


Slaves. 


§ 1. The general assembly shall have no power to pass laws for the 
emancipation of slaves without the consent of their owners, or without 
paying their owners, previous to such emancipation, a full equivalent in 
money for the slaves so emancipated. They shall have nu power to 
prevent emigrants to this state from bringing with them such persons as 
are deemed slaves by the laws of any one of the United States, so long 
as any person of the same age or description shall be continued in sla- 
very by the laws of this state: Provided, that such person or slave be 
tlte bona fide property of such emigrants: and provided, also, that laws 
may be passed to prohibit the introduction into this state of slaves who 
have committed high crimes in other states or territories. They shall 
have power to pass laws to permit the owners of slaves-to emancipate 
them, saving the rights of creditors, and preventing them from becom- 
ing a public charge. They shall have full power to prevent slaves from 
being brought into this state as merchandise, and also to oblige the own- 
ers of slaves to treat them with humanity, to provide for them necessary 
food and clothing, to abstain from all injuries to them extending to life 
or limb ; and, in case of their neglect or refusal to comply with the di- 
rections of such laws, to have such slave or slaves sold for the benefit of 
the owner or owners. 

2. In the prosecution of slaves for crimes of higher grade than petit 
larceny, the general assembly shall have no power to deprive them of 
an impartial trial by a petit jury. 

3. Any person who shall maliciously dismember or deprive a slave ot 
life, shall suffer such punishment as would be inflicted in case the like 
offence had been committed on a free white person, and on the like 
proof; except in case of insurrection of such slave. 


Mode of amending and revising the Constitution. 


The general assembly, whenever two-thirds of each house shall deem 
it necessary, may propose amendments to this constitution; which pro- 


348 CONSTITUTION OF 


posea amendments shall be duly published in print, at least three months 
before the next general election of representatives, for the consideration 
of the people; and it shall be the duty of the several returning officers, 
at the next general election which shall be held for representatives, to 
open a poll for, and make a return to the secretary of state for the time 
being, of the names of all those voting for representatives, who have 
voted on such proposed amendments ; and if thereupon it shall appear 
that a majority of all the citizens of this state, voting for representa- 
tives, have voted in favour of such proposed amendments; and two- 
thirds of each house of the next general assembly shall, after such an 
election, and before another, ratify the same amendments by yeas and 
nays, they shall be valid, to all intents and purposes, as parts of this 
constitution : Provided, that the said proposed amendments shall, at each 
of the said sessions, have been read three times, on three several days 
mn. each house. 


SCHEDULE, 


§ 1. That no inconvenience may arise from a change of territorial to 
a permanent state government, it is declared that all rights, actions, pro- 
secutions, claims, and contracts, as well of individuals as of bodies cor- 
porate, shall continue as if no such change had taken place: and all 
process which shall, before the third Monday in September next, be 
issued in the name of the Alabama territory, shall be as valid as if issued 
in the name of the state. 

2. All fines, penalties, forfeitures, and escheats accruing to the Ala- 
bama territory, shall accrue to the use of the state. 

3. The validity of all bonds and recognizances executed to the gov- 
ernor of the Alabama territory, shall not be impaired by the change of 
government, but may be sued for and recovered in the name of the 
governor of the state of Alabama and his successors in office; and all 
criminal or penal actions arising or now depending within the limits of 
this state, shall be prosecuted to judgment and execution in the name 
of said state ; all causes of action arising to individuals, and all suits at 
law or in equity, now depending in the several courts within the limits 
of this state, and not already barred by law, may be commenced in, or 
transferred to, such courts as may have jurisdiction. thereof. “ 

4, All officers, civil or military, now holding commissions under the 
authority of the United States, or of the Alabama territory, within this 
state, shall continue to hold and exercise their respective offices under 
the authority of this state until they shall be superseded by the authority 
of this constitution, and shall receive from the treasury of this state the 
same compensation which they heretofore received, in proportion to the 
time they shall be so employed. The governor shall have power to fill 
vacancies by commissions, to expire so soon as elections or appointments 
can be made to such offices by authority of this constitution. 

5. All laws and parts of laws, now in force in the Alabama territory, 
which are not repugnant to the provisions of this constitution, shall 
continue and remain in force as the laws of this state, until they expire 
by their own limitation, or shall be altered, or repealed by the legisla- 
ture thereof. 

6; Every white male person above the age of twenty-one years, whe 


ALABAMA, 349 


shall be a citizen of the United States, and resident in this state at the 
‘time of the adoption of this constitution, shall be deemed a qualified 
elector at the first election to be holden in this state. And every white 
male person who shall reside within the limits of this state at the time 
of the adoption of thisconstitution, and shall be otherwise qualified, shall 
be entitled to hold any office or place of honour, trust, or profit, under 
this state ; any thing in this constitution to the contrary notwithstanding, 

7 The president of this convention shall issue writs of election, 
directed to the sheriffs of the several counties, requiring them to cause 
an election to be held for a governor, representative to the congress of 
the United States, members of the general assembly, clerks of the several 
courts, and sheriffs of the respective counties, at the respective places of 
election in said counties, on the third Monday and the day following in 
September next, which elections shall be conducted in the manner pre- 
scribed by the existing election laws of the Alabama territory ; and the 
said governor and members of the general assembly, then duly elected, 
shall continue to discharge the duties of their respective offices, for the 
time prescribed by this constitution, and until their successors shall be 
duly qualified. 

8. Until the first enumeration shall be made, as directed by. this con- 
stitution, the county of Autauga shall be entitled to two representatives ; 
the county of Baldwin to one representative ; the county of Blount to 
three representatives ; the county of Cahawba to one representative ; the 
county of Clark to two representatives ; the county of Conechu to two’ 
representatives ; the county of Cotaco to two representatives ; the county 
of Dallas to two representatives; the county of Franklin to two repre- 
sentatives ; the county of Lauderdale to two representatives ; the county 
of Lawrence to two representatives; the county of Limestone to three 
representatives ; the county of Madison to eight representatives ; the 
coumty of Marengo to one representative ; the county of Marion to one 
representative ; the county of Monroe to five representatives ; the county 
of Montgomery to three representatives; the county of Mobile to one 
representative ; the county of St. Clair to one representative ; the county 
of Shelby to two representatives ; the county of 'T'uscaloosa to three repre- 
sentatives ; and the county of Washington to two representatives. And 
each county shall be entitled to one senator, who shall serve for one 
term. 

9. The oaths of office herein directed to be taken, may be administered 
by any justice of the peace, until the general assembly shall otherwise 
direct. ‘ 


ORDINANCE. 


This convention, for and in behalf of the people inhabiting this state, 
do accept the proposition offered by the act of congress under which 
they are assembled ; and this convention, for and in behalf of the people 
inhabiting this state, do ordain, agree, and declare, that they for ever 
disclaim all right and title to the waste or unappropriated lands lying 
within this state; and that the same shall be and remain at the sole and 
entire disposition of the United States; and moreover, that each and 
every tract of land, sold by the pried States after the first day of Sep. 

2G 


350 CONSTITUTION OF 


tember next, shall be and remain exempt from any tax laid by the order 
or under the authority of this state, whether for state, county, township, 
parish, or any other purpose whatsoever, for the term of five years from 
and after the respective days of sale thereof; and that the lands belonging 
to the citizens of the United States, residing out of the limits of this 
state, shall never be taxed higher than the lands belonging to persons 
residing therein ; and that no tax shall be imposed on lands the pro- 
perty of the United States; and that all navigable waters within this 
tate shall for ever remain public highways, free to the citizens of this 
state and of the United States without any tax, duty, impost, or toll 
therefor, imposed by this state: and this ordinance is hereby declared 
irrevocable without the consent of the United States. 


Done in convention at Huntsville, this second day of August, in the 
year of our Lord one thousand eight hundred and nineteen, and 
of American independence the forty-fourth. 


J. W. WALKER, 
President of the Convention. 
Attest, Joun Camprne tt, Secretary. 


CONSTITUTION OF MISSOURI. 


We, the people of Missouri, inhabiting the limits hereinafter desig- 
nated, by our representatives in convention assembled, at St. Louis, on 
Monday, the 12th day of June, 1820, do mutually agree to form and 
establish a free and independent republic, by the name of the “ State of 
Missouri,” and for the government thereof do ordain and establish this 
constitution. 


ARTICLE 1, 


9 Of Boundaries. 


We do declare, establish, ratify, and confirm the following, as the 
permanent boundaries of said state, that is to say, “ Beginning in the 
middle of the Mississippi river, on the parallel of thirty-six degrees of 
north latitude ; thence, west, along the said parallel of latitude, to St. 
Francois river ; thence up; and following the course of that river, in the 
middle of the main channel thereof, to the parallel of latitude of thirty- 
six degrees and thirty minutes ; thence, west, along the same to a point 
where the said parallel is intersected by a meridian line passing through 
the middle of the mouth of the Kansas river, where the same empties 
into the Missouri river; thence, from the point aforesaid, north, along 
the said meridian line, to the intersection of the parallel of latitude which 
passes through the rapids of the river Des Moines, making the said line 


Kf ee 


- = 


MISSOURL. 351 


correspond with the Indian boundary line; thence, east, from the point 
of intersection last aforesaid, along the said parallel of latitude to the 
middle of the channel of the main fork of the said river Des Moines; 
thence, down and along the middle of the main channel of ihe said river 
Des Moines to the mouth of the same, where it empties into the Missis- 
sippi river ; thence, due east, to the middle of the main channel of the 
Mississippi river ; thence, down, and following the course of the Missis- 
sippl river, in the middle of the main channel thereof, to the place of 
beginning.” 


ARTICLE 2. 


Of the Distribution of Powers. 


The powers of government shall be divided into three distinct depart- 
ments; each of which shall be confided to a separate. magistracy : and 
no person charged wit}, the exercise of powers properly belonging to one 
of those departments, shall exercise any power properly belonging to 
either of the others, except in the instances hereinafter expressly directed 
or permitted. 


ARTICLE 3. 


Of the Legislative Power. 


§ 1. The legislative power shall be vested in a “ general assembly,” 
which shall consist of a “ senate,” and of a “ house of representatives.” 

2. The house of representatives shall consist of members to be chosen 
every second year, by the qualified electors of the several counties. 
Each county shall have at least one representative; but .the whole 
number of representatives shall never exceed one hundred. 

3. No person shall be a member of the house of representatives who 
shall not have attained the age of twenty-four years ; who shall not be a 
free white male citizen of the United States; who shall not have been an 
inhabitant of this state two years, and of the county which he represents 
one year next before his election, if such county shall have been so long 
established ; but if not, then of the county or counties from which the 
same shall have been taken ; and who shall not, moreover, have paid a 
state or county tax. 

4. The general assembly, at their first session, and in the years one 
thousand eight hundred and twenty-two, and one thousand eight hun- 
dred and twenty-four, respectively, and every fourth year thereafter, shall 
cause an enumeration of the inhabitants of this state to be made; and 
at the first session after such enumeration, shall apportion the number 
of representatives among the several counties, according to the n .mber 
of free white male inhabitants therein. 

5. The senators shall be chosen by the qualified electors, for the term 
of four years. No person shall be a senator who shall not have attained 
to the age of thirty years; who shall not be a free white male citizen of 
the United States; who shall not have been an inhabitant of this state 
four years; and of the district which he may be chosen to represent one 
year before his election, if such district shall have been so long esta- 
blished; but if not, then of the district or districts from which the same 
shall have been taken; and who shall not, moreover, have paid a state 
or county tax. 

6. The senate shall consist of not less than fourteen nor more thar. 


~ 


352 CONSTITUTION OF 


thirty-three members; for the election of whom the state shall be 
divided into convenient districts, which may be altered from time to 
time, and new districts established, as public convenience may require, 
and the senators shall be apportioned among the several districts accord- 
ing to the number of free white male inhabitants in each: Provided that, 
when a senatorial district shall be composed of two or more counties, the 
counties of which such district consists shall not be entirely separated 
by any county belonging to another district; and no county shall be 
divided in forming a district. 

7. At the first session of the general assembly, the senators shall be 
divided by lot, as equally as may be, into two classes. ‘The seats of the 
first class shall be vacated at the end of the second year, and the seats of 
the second class at the end of the fourth year; so that one-half of the 
senators shall be chosen every second year. 

8. After the first day of January, one thoysasjd eight hundred and 
twenty-two, all general elections shall commente on the first Monday in 
August, and shill be held biennially ; and the electors, in all cases; ex- 
cept of treason, felony, or breach of the peace, shall be privileged from 
arrest during their continuance at elections, and in going to, and return- 
ing from the same. 

9. The governor shall issue writs of election, to fill up such vacancies 
as may occur in either house of the general assembly. 

10. Every free white male citizen of the United States, who shall have 
attained the age of twenty-one years, and who shall have resided in this 
state one year before an election, the last three months whereof shall 
have been .in the county or district in which he offers to vote, shall be 
deemed a qualified elector of all elective offices: Provided, that no sol- 
dier, seaman, or marine, in the regular army or navy of the United 
States, shall be entitled to vote at any election in this state. 

11. No judge of any court of law or equity, secretary of state, attor- 
ney-general, state auditor, state or county treasurer, register, or recorder, 
clerk of any court of record, sheriff, coroner, member of congress, nor 
other person holding any lucrative office under the United States or this 
state, militia officers, justices of the peace, and postmasters excepted, 
shall be eligible to either house of the general assembly. 

12. No person who now is or hereafter may be a collector or holder 
of public money, nor any assistant or deputy of such collector or holder 
of public money, shall be eligible to either house of the general assem- 

ly, nor to any office of profit or trust until he shall have accounted for, 
and paid all sums for which he may be accountable. 

13. No person, while he continues to exercise the functions of a 
bishop, priest, clergyman, or teacher of any religious persuasion, deno- 
mination, society, or sect, whatsoever, shall be eligible to either house 
of the general assembly ; nor shall he be appointed to any office of profit 
within the state, the office of justice of the peace excepted. 

14. The general assembly shall have power to exclude from every 
office of honour, trust, or profit, within the state, and from the right of 
suffrage, all persons convicted of bribery, perjury, or other infamouy 
crime. 

15, Every person who shall be convicted of having, directly or indi 
rectly, given or offered any bribe to procure his election or appointment, 
shall be disqualified for any office of honour, trust, or profit, under this 


Oe 


MISSOURI] © 353 


state; and any person who shall give or offer any bribe to procure the 
election or appointment of any person, shall, on conviction thereof, be 
disqualified for an elector, or for any office of honour, trust, or profit, 
under this state, for ten years after such conviction, 

16. No senator or representative shall, during the term for which he 
shall have been elected, be appointed to any civil office under this state, 
which shall have been created, or the emoluments of which shall have - 
‘been increased, during his continuance in office, except to such offices 
as shall be filled by elections of the people. 

17. Each house shall appoint its own officers, and shall judge of the 
qualifications, elections, and returns of its own members. A majority 
of each house shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may compel the attendance 
of absent members in such manner, and under such penalties, as each 
house may provide. 

18. Each house may determine the rules of its proceedings ; punish 
its members for disorderly behaviour ; and, with the concurrence of two- 
thirds of all the members elected, expel a member ; but no member shall 
be expelled a second time for the same cause.. They shall each, from 
time to time, publish a journal of their proceedings, except such parts as 
may, in their opinion, require secrecy ; and the yeas and nays on any 
question shall be entered on the journal, at the desire of any two mem- 
bers, 

19, The doors of each house, and of committee of the whole, shall be 
kept open, except in cases which may require secrecy; and each house 
may punish, by fine or imprisonment, any person, not a member, who 
shall be guilty of disrespect to the house, by any disorderly or con- 
temptuous behaviour in their presence, during their session: Provided, 
that such fine shall not exceed three hundred dollars, and such imprison- 
ment shall not exceed forty-eight hours for one offence. 

20. Neither house shall, without the consent of the other, adjourn for 
more than two days, at any one time, nor to any other place than to 
that in which the two houses may be sitting. 

21. Bills may originate in either house, and may be altered, amended, 
or rejected, by the other; and every bill shall be read on three different 
days in each house, unless two-thirds of the house where the same is 
depending shall dispense with this rule; and every bill, having passed 
both houses, shall be signed by the speaker of the house of representa- 
tives and by the president of the senate. 

22. When any officer, civil or military, shall be appointed by the joint 
or concurrent vote of both houses, or by the separate vote of either house 
of the general assembly, the votes shall be publicly given, viva voce, and 
entered on the journals. ‘The whole list of members shall be called, and 
the names of absentees shall be noted and published with the journal. 

23. Senators and representatives shall, in all cases, except of treason, 
felony, or breach of the peace, be privileged from arrest during the ses- 
sion of the general assembly, and for fifteen days next before the com- 
mencement and after the termination of each session; and for any 
speech or debate in either house, they shall not be questioned in any 
other place. 

24, The members of the general assembly shall severally receive from 
the public treasury a compensation for their services, which may, from 

2642 


354 CONSTITUTION OF 


time to time, be increased or diminished by law; but no alteration, in- 
creasing, or tending to increase the compensation of members, shall take 
effect during the session at which such alteration shall be made. 

25. The general assembly shall direct by law in what manner, and in 
what courts, suits may be brought against the state. 

26. The general assembly shall not have power to pass laws: 

1. For the emancipation of slaves without the consent of their owners 5 
or without paying them, before such emancipation, a full equivalent for 
such slaves so emancipated: and, 

2. To prevent dona fide emigrants to this state, or actual settlers 
therein, from bringing from any of the United States, or from any of 
their territories, such persons as may there be deemed to be slaves, so 
long as any persons of the same description are allowed to be held as 
slaves by the laws of this state. 

ist shall have power to pass laws, 

. To prohibit the imtroduction into this state of any slaves who may 
Saas committed any high crime in any other state or territory. 

2. 'T'o prohibit the introduction of any slave for the purpose of specu- 
lation, or as an article of.trade or merchandise. 

3. To prohibit the introduction of any slave, or the offspring of any 
slave, who heretofore may have been, or who hereafter may be imported 
from any foreign country into the United States, or any territory thereof, 
in contravention of any existing statute of the United States; and, 

4, To permit the owners of slaves to emancipate them, saving the 
right of creditors, where the person so emancipating will give security 
that the slave so emancipated shall not become a public charge. 

It shall be their duty, as soon as may be, to pass such laws as may be 
necessary, 

1. To prevent free negroes and mulattoes from coming to, and settling 
in this state, under any pretext whatsoever; and, 

2. To oblige the owners of slaves to treat (Wein with humanity, and 
to abstain from all injuries to them extending to life or limb. 

27. In prosecutions for crimes, slaves shall not be deprived of an im- 
partial trial by jury, and a slave convicted of a capital offence shall suffer 
the same degree of punishment, and no other, that would be inflicted on 
a white person for a like offence; and courts of justice, before whom 
slaves shall be tried, shall assign them counsel for their defence. 

28. Any person who shall maliciously deprive of life, or dismember a 
slave, shall suffer such punishment as would be inflicted for the like 
offence if it were committed on a free white person. 

29. The governor, lieutenant-governor, secretary of state, auditor, 
treasurer, attorney-general, and all judges of the courts of law and equity, 
shall be liable to impeachment for any misdemeanonr in office ; but judg- 
* ment in such cases shall not extend further than removal from office, and 
disqualification to hold any office of honour, trust, or profit, under this 
state. ‘he party impeached, whether convicted or acquitted, shall, 
nevertheless, be liable to be indicted, tried, and punished, according to 
law. 

30. The-house of representatives shall have the sole power of im- 
peachment. Al! impeachments shall be tried by the senate; and, when 
sitting for that purpose, the senators shall be on oath or affirmation to 
do justice according to law and evidence. When the governor shall be 


MISSOURL 355 


tried, the presiding judge of the supreme court shall preside: and no 
person shall be convicted without the concurrence of two-thirds of all 
the senators present. 

31. A state treasurer shall be biennially appojnted by joint vote of the 
two houses of the general assembly, who shall keep his office at the seat 
of government. No money shall be drawn from the treasury, but in 
consequence of appropriations made by law; and an accurate account 
of the receipts and expenditures of the public money shall be annually 
published. 

32. The appointment of all officers, not otherwise directed by this 
constitution, shall be made in such manner as may be prescribed by 
law; and all officers, both civil and military, under the authority of 
this state, shall, before entering on the duties of their respective oflices, 
take an oath or affirmation to support the constitution of the United 
States, and of this state, and to demean themselves faithfully in office. 

33. The general assembly shall meet on the third Monday in Sep- 
tember next; on the first Monday in November, eighteen hundred and 
twenty-one ; on the first Monday in November, eighteen hundred and 
twenty-two, and thereafter the general assembly shall meet once in every 
two years, and such meeting shall be on the first Monday in November, 
unless a different day shall be appointed by law. 

34, No county now established shall ever be reduced, by the estab- 
lishment of new counties, to less than twenty miles square ; nor shall 
any county hereafter be established, which shall contain less than four 
hundred square miles. 

35. Within five years after the adoption of this constitution, all the 
statute laws of a general nature, both civil and criminal, shall be revised, 
‘digested, and promulgated, in such manner as the general assembly shall 
direct, and a like revision, digest, and promulgation, shall be made at the 
expiration of every subsequent period of ten years. 

36. The style of the laws of this state shall be, “ Be it enacted by the 
General Assembly of the State of Missouri.” 


ARTICLE 4, 
Of the Executive Power. 


§ 1. The supreme executive power shall be vested in a chief magis- 
trate, who shall be styled, “ The governor of the state of Missouri.” 

2. The governor shall be at least thirty-five years of age, and a natu- 
ral born citizen of the United States, or a citizen at the adoption of the 
constitution of the United States, or an inhabitant of that part of Louisi- 
ana now included in the state of Missouri at the time of the cession 
thereof from France to the United States, and shall have been a resident 
of the same at least four years next before his election. 

3. The governor shall hold his office for four years, and until a suc- 
cessor be duly appointed and qualified. He shall be elected in the man- 
ner following: At the time and place of voting for members of the house 
of representatives, the qualified electors shall vote for a governor ; and 
when two or more persons have an equal number of votes, and a higher 
number than any person, the election shall be decided between them by 
a joint vote of both houses of the general assembly, at their next session. 

4, The governor shall be ineligible for the next four years after the 
expiration of his term of service. 


356 CONSTITUTION OF 


5. The governor shall be commander-in-chief. of the militia and navy 
of the state, except when they shall be called into the service of the 
United States ; but he need not command in person, unless advised so to 
do by a resulution of the general assembly. 

6. The governor shall have power to remit fines and forfeitures ; and, 
except in cases of impeachment, to grant reprieves and pardons. 

7. The governor shall, from time to time, give-to the general assembly 
information relative to the state of the government, and shall recommend 
to their consideration such measures as he shall deem necessary and ex- 
pedient. On extraordinary occasions he may convene the general assem- 
bly by proclamation, and shall state to them the purposes for which they 
are convened. : 

8. The governor shall take care that the laws be distributed and faith- 
fully executed : and he shall be a conservator of the peace throughout 
the state. 

9. When any office shall become vacant, the governor shall appoint a 
person to fill such vacancy, who shall continue in office until a succes- 
sor be duly appointed and qualified according to law. 

10. Every bill which shall have been passed by both houses of the 
general assembly shall, before it becomes a law, be presented to the go- 
vernor for his approbation. If he approve, he shall sign it; if.not, he 
shall return it with his objections to the house in which it shall have 
originated, and the house shall cause the objections to be entered at large 
on its journals, and shall proceed to reconsider the bill. If, after such 
reconsideration, a majority of all the members elected to that house shall 
agree to pass the same, it shall be sent, together with the objections, to 
the other house, by which it shall be in like manner reconsidered, and if 
approved by a majority of all the members elected to that house, it shall 
become a law. In all such cases the votes of both houses shall be taken 
by yeas and nays, the names of the members voting for and against the 
bill shall be entered on the journal of each house respectively. If any 
bill shall not be returned by the governor within ten days (Sundays ex- 
cepted) after it shall have been presented to him, the same shall become 
a law, in like manner as if the governor had signed it; unless the gene- 
ral assembly, by its adjournment, shall prevent its return, in which case 
it shall not become a law. 

11. Every resolution to which the concurrence of the senate and 
house of representatives may be necessary, except on cases of adjourn- 
ment, shall he presented to the governor, and before the same shall take 
effect shall be proceeded upon in the same manner as in the case of a 
bill. 

12. There shall be an auditor of public accounts, whom the governor, 
by and with the advice and consent of the senate, shall appoint. He 
shall continue in office four years, and shall perform such duties as may 
be prescribed by law. His office shall be kept at the seat of government. 

13. The governor shall, at stated times, receive for his services an adee 
quate salary, to be fixed by law, which shall neither be increased nor di- 
minished during his continuance in office, and which shall never be less 
than two thousand dollars annually. f 

14, There shall be a lieutenant-governor, who shall be elected at the 
same time, in the same manner, for the same term, and shall poss 
sess the same qualifications as the governor. ‘The electors shall distin 


MISSOURt 357 


guish for whom they vote as governur, and for whom as lieutenant-go- 
vernor. 

15. The lieutenant-governor shall, by virtue of his office, be president 
of the senate. In committee of the whole he may debate on all ques- 
tions ; and when there is an equal division, he shall give the casting 
vote in senate, and also in joint votes of both houses. 

16. When the office of governor shall become vacant, by death, resig- 
nation, absence from the state, removal from office, refusal to qualify, im- 
peachment, or otherwise, the lieutenant-governor, or, in case of like disa- 
bility on his part, the president of the senate pro tempore, or, if there be 
no president of the senate pro tempore, the speaker of the house of re- 
presentatives shall possess all the powers, and discharge all the duties, 
of governor, and shall receive for his services the like compensation, until 
such vacancy be filled, or the governor, so absent or impeached, shall re- 
turn or be acquitted. 

17. Whenever the office of governor shall become vacant, by death, 
resignation, removal from office, or otherwise, the lieutenant-governor, 
or other person exercising the powers of governor for the time being, 
shall, as soon as may be, cause an election to be held to fill such vacancy, 
giving three months previous notice thereof; and the person elected 
shall not thereby be rendered ineligible to the office of governor for the 
next succeeding term. Nevertheless, if such vacancy shall happen within 
eighteen months of the end of the term for which the late governor shall 
have been elected, the same shall not be filled. 

18. The lieutenant-governor, or president of the senate, pro tempore, 
while presiding in the senate, shall receive the same compensation as 
shall be allowed to the speaker of the house of representatives. 

19. The returns of all elections of governor and lieutenant-governor, 
shall be made to the secretary of state, in such manner as may be pre- 
scribed by law. 

20. Contested elections of governor and lieutenant-governor shall be 
decided by joint vote of both houses of the general assembly, in such 
manner as may be prescribed by law. 

21. There shall be a secretary of state, whom the governor, by and 
with the advice and consent of the senate, shall appoint. He shall hold 
his office four years, unless sooner removed on impeachment. He shall 
keep a register of all the official acts and proceedings of the governor, 
and when necessary shall attest them; and he shall lay the same, to- 
gether with all papers relative thereto, before either house of the general 
assembly, whenever required so to do; and shall perform such other du- 
ties as may be enjoined on him by law. 

22. The secretary of state shall, as soon as may be, procure a seal of 
state with such emblems and devices as shall be directed by law, which 
shall not be subject to change. It shall be called “ the great seal of the 
state of Missouri ;” shall be kept by the secretary of state ; and all official 
acts of the governor, his approbation of the laws excepted, shall be there- 
by authenticated. 

23. There shall be appointed in each county a sheriff and coroner, 
who, until the general assembly shall otherwise provide, shall be elected 
by the qualified electors, at the time and place of electing representatives, 
They shall serve for two years, and until a successor be duly appointed 
and qualified, unless sooner removed for misdemeanour in office, and 


358 CONSTITUTION OF 


shall be ineligible four years in any term of eight years. The sheriff and 
coroner shall each give security for the faithful discharge of the duties of 
his office in such manner as shall be prescribed by law. Whenever a 
county shall be hereafter established, the governor shall appoint a sherif® 
and coruner therein, who shall each continue in office until the next suc 
ceeding general election, and until a successor shall be duly qualified. 

24, When vacancies happen in the office of sheriff or coroner, they 
shall be filled by appointment of the governor; and the persons so ap- 
pointed shall continue in office until successors shall be duly qualified, 
and shall not be thereby renderec ineligible for the next succeeding term. 

25. In all elections of sheriff and coroner, when two or more persons 
have an equal number of votes, and a higher number than any other per- 
son, the circuit courts of the counties respectively shall give the casting 
vote ; and all contested elections for the said offices shall be decided by 
the circuit courts respectively, in such manner as the general assembly 
may by law prescribe. 


ARTICLE 5, 
Of the Judicial Power. 


§ 1. The judicial powers, as to matter of law and equity, shall be vested 
in a “ supreme court,” in a “chancellor,” in “ circuit courts,” and in 
such inferior tribunals as the general assembly may, from time to time, 
ordain and establish. 

2. The supreme court, except in cases otherwise directed by this con- 
stitution, shall have appellate jurisdiction only, which shall be co-exten- 
sive with the state, under the restrictions and limitations in this consti- 
tution provided. 


3. The supreme court shall have a general superintending control — 


over all inferior courts of law. It shall have power to issue writs of 
habeas corpus, mandamus, quo warranto, certiorari, and other origi- 
nal remedial writs; and to hear and determine the same. 

4, The supreme court shall consist of three judges, any two of whom 
shall be a quorum, and the said judges shall be conservators of the peace 
throughout the state. 

5. The state shall be divided into convenient districts, not to exceed 
four ; in each of which the supreme court shall hold two sessions an- 
nually, at such places as the general assembly shall appoint ; and when 
sitting in either district, it shall exercise jurisdiction over causes origi- 
nating in that district only : provided, however, that the general assem- 
bly may, at any time hereafter, direct by law that the said court shall be 
held at one place only. , 

6. 'The circuit court shall have jurisdiction over all criminal cases 
which shall not be otherwise provided for by law; and exclusive original 
jurisdiction in all civil cases which shall not be cognizable before jus- 
tices of the peace, until otherwise directed by the general assembly. It 
shall hold its terms in such place in each county as may be by law directed. 

7. The state shall be divided into convenient circuits, for each of 
which a judge shall be appointed, who, after his appointment, shall re- 
side, and be a conservator of the peace, within the circuit for which he 
shall be appointed. , : 

8 The circuit courts shall exercise a superintending control over all 


: 
| 
: 
: 


MISSOURI. $359 


such inferior tribunals as the general assembly may establish, and over 
justices of the peace in each county in their respective circuits. 

9. ‘The jurisdiction of the court of chancery shall be co-extensive with 
the state, and the times and places of holding its sessions shall be regu- 
lated in the same manner as those of the supreme court. 

10. The court of chancery shall have original and appellate jurisdic- 
tion in all matters of equity, and a general control over executors, ad- 
ministrators, guardians, and minors, subject to appeal, in all cases, to the 
supreme court, under such limitations as the general assembly may by 
law provide. | 

-11. Until the general assembly shall deem it expedient to establish 
inferior courts of chancery, the circuit courts shall have jurisdiction in 
matters of equity, subject to appeal to the court of chancery, in such 
manner, and under such restrictions, as shall be prescribed by law. 

12. Inferior tribunals shall be established in each county, for the trans- 
action of all county business ; for appointing guardians ; for granting 
letters testamentary, and of administration ; and for settling the accounts 
of executors, administrators, and guardians. 

13. The governor shall nominate, and, by and with the advice and 
consent of the senate, appoint the judges of the superior court, the judges 
of the circuit courts, and the chancellor, each of whom shall hold his 
office during good behaviour, and shall receive for his services a compen- 
sation, which shall not be diminished during his continuance in office, 
and which shall not be less than two thousand dollars annually. 

14, No person shall be appointed a judge of the supreme court, nor . 

of a circuit court, nor chancellor, before he shall have attained to the 
age of thirty years ; nor shall any person continue to exercise the duties 
of any of said offices after he shall have attained to the age of sixty-five. 
years. 
15. The courts respectively shall appoint their clerks, who shall hold 
their offices during good behaviour. For any misdemeanour in office, 
they shall be liable to be tried and removed by the supreme court, in 
such manner as the general assembly shall by law provide. 

16. Any judge of the supreme court or of the circuit court, or the 
chancellor, may be removed from office on the address of two-thirds of 
each house of the general assembly to the governor for that purpose ; but 
each house shall state on its respective journal the cause for which it 
shall wish the removal of such judge or chancellor, and give him notice 
thereof; and he shall have the right to be heard in his defence in such 
manner as the general assembly shall by law direct ; but no judge or chan- 
cellor shall be removed in this manner for any cause for which he might 
have been impeached. 

17. In each county there shall be appointed as many justices of the 
peace as the public good may be thought to require. ‘Their powers and 
duties, and their duration in office, shall be regulated by law. 

18. An attorney-general shall be appointed by the governor, by and 
with the advice and consent of the senate. He shall remain in office 
four years, and shall perform such duties as shall be required of him by law. 

19. All writs and process shall run, and all prosecutions shall be con- 
ducted in the name of the “ State of Missouri ;” all writs shall be tested 
by the clerk of the court from which they shall be issued, and all indiet- 
ments shall conclude “ against the peace and dignity of the state.” 


* 


360 CONSTITUTION OF 
ARTICLE 6, 
Of Education. 


§ 1. Schools and the means of education shall for ever be encouraged 
in this state ; and the general assembly shall take measures to preserve 
from waste or damage such lands as have been, or hereafter may be granted 
by the United States for the use of schools within each township in this 
state, and shall apply the funds which may arise from such lands in 
strict conformity to the object of the grant; and one school or more 
shall be established in each township as soon as practicable and neces- 
sary, where the poor shall be taught gratis. 

2. The general assembly shall take measures for the improvement of 
such lands as have been, or hereafter may be granted by the United 
States to this state, for the support of a seminary of learning; and the 
funds accruing from such lands, by rent or lease, or in any other man- 
ner, or whick may be obtained from any other source, for the purposes 
aforesaid, shall be and remain a permanent fund to support a university 
for the promotion of literature, and of the arts and sciences ; and it shall 
be the duty of the general assembly, as soon as may be, to provide efiec- 


tual means for the improvement and permanent security of the funds and 
endowments of such institution. 


ARTICLE 7, 
Of Internal Improvement. 


Internal improvement shall for ever be encouraged by the government 
of this state ; and it shall be the duty of the general assembly, as soon as 
. may be, to make provision by law for ascertaining the most proper ob- 

jects of improvement, in relation both to roads and navigable waters ; 
and it shall also be their duty to provide by law for a systematic and 
economical application of the funds appropriated to these objects. 


ARTICLE 8, 


Of Banks. 

The general assembly may incorporate one banking company, and no 
more, to be in operation at the same time. 

The bank to be incorporated may have any number of branches not to 
exceed five, to be established by law; and not more than one branch 
shall be established at any one session of the general assembly. The 
capital stock of the bank to be incorporated shall never exceed five mile 


lions of dollars, at least one-half of which shall be reserved for the use 
of the state. 


ARTICLE 9, 
Of the Militia. 


§ 1. Field officers and company officers shall be elected by the per- 
sons subject to militia duty within their respective command. Briga- 
diers-general shall be elected by the field officers of their respective bri- 
gades ; and majors-general by the brigadiers and field officers of their 
respective divisions, until otherwise directed by law 


om 


MISSOURI. 361 


2. General and field officers shall appoint their officers of the staff. 

3. The governor shall appoint an adjutant-general, and all other mili 
tia officers, whose appointments are not otherwise provided for in this 
const tution. 


ARTICLE 10. 
Of Miscellaneous Provisions. 


1, The general assembly of this state shall never interfere with tle 
primary disposal of the soil of the United States, nor with any regulation 
congress may find necessary for securing the title in such soil to the 
bona fide purchasers. No tax shall be imposed on lands the property 
of the United States, nor shall lands belonging to persons residing out 
of the limits of-this state, ever be taxed higher than the lands belonging 
© persons residing within this state. 

2. The state shall have concurrent jurisdiction on the river Missis- 
sippi, and on every other river bordering on the said state, so far as the 
said river shall form a common boundary to the said state and any other 
state or states, now or hereafter to be formed, and bounded by the same; 
and the said river Mississippi, and the navigable rivers and waters lead- 
ing into the same, whether bordering on or within this state, shall be 
common highways, and for ever free to the citizens of this state and of 
the United States, without any tax, duty, impost, or toll thereof imposed 
by the state. 


ARTICLE 11, 


Of the permanent Seat of Government. 


§ 1. The general assembly, at their first session, shall appoint five 
commissioners for the purpose of selecting a place for the permanent 
seat of government, whose duty it shall be to select four sections of the 
land of the United States which shall not have been exposed to public 
sale. 

2. If the commissioners believe the four sections of land, so by them 
to be selected, be not a suitable and proper situation for the permanent 
seat of government, they shall select such other place as they deem most 
proper for that purpose, and report the same to the general assembly, at 
the time of making their report provided for in the first section of this 
article : Provided, that no place shall be selected which is not situated on 
the bank of the Missouri river, and within forty miles of the mouth of 
the river Osage. 

3. If the general assembly determine that the four sections of land 
which may be selected by authority of the first section of this article, be 
a suitable and proper place for the permanent seat of government, the said 
commissioners shall lay out a town thereon, under the direction of the 
general assembly ; but if the general assembly deem it most expedient to 
fix the permanent seat of government at the place to be selected by au- 
thority of the second section of this article, they shall so determine, and 
in that event shall authorize the said commissioners to purchase any 
quantity of land, not exceeding six hundred and forty acres, which may 
be necessary for the purpose aforesaid ; and the place so selected shall be 
the permanent seat of government of this state from and after the first 
day of October, one thousand eight hundred and twenty-six. 

2H 


362 CONSTITUTION OF 


4, The general assembly, in selecting the above-mentioned commis- 
sioners, shall choose one from each extreme part of the state, and one 
from the centre, and it shall require the concurrence of at least three of 
the commissioners to decide upon any part of the dutics assigned them. 


ARTICLE 12, 
Mode of amending the Constitution. 


The general assembly may at any time propose such amendments to 
tiis constitution as two-thirds of each house shall deem expedient ; which 
shall be published in all the newspapers published in this state three 
several times, at least twelve months before the next general election ; 
and if, at the first session of the general assembly after such general 
election, two-thirds of each house shall, by yeas and nays, ratify such 
proposed amendments, they shall be valid to all intents and purposes, as 
parts of this constitution: Provided, that such proposed amendments 
shall be read on three several days, in each house, as well when the 
same are proposed, as when they are finally ratified. 


ARTICLE 13, 
Declaration of Rights. 


That the general, great, and essential principles of liberty and free 
government may be recognised and established, we declare : 

§ 1. That all political power is vested in, and derived from the people. 

2. That the people of this state have the inherent, sole, and exclusive © 
right of regulating the internal government and police thereof; and of 
altering and abolishing their constitution and form of government, 
whenever it may be necessary to their safety and happiness. 

3. That the people have the right peaceably to assemble for their 
common good, and to apply to those vested with the powers of govern- 
ment for redress of grievances, by petition or remonstrance; and that 
their right to bear arms in defence of themselves and of the state cannot 
be questioned. 

4, That all men have a natural and indefeasible right to worship 
Almighty God according to the dictates of their own consciences ; that 
no man can be compelled to erect, support, or attend any place of 
worship, or to maintain any minister of the gospel or teacher of religion ; 
that no human authority can control or interfere with the rights of con- 
science ; that no person can ever be hurt, molested, or restrained in © 
his religious profession, or sentiments, if he do not disturb others in 
their religious worship. 

5. That no person, on account of his religious opinions, can be ren- 
dered ineligible to any office of trust or profit under this state; that no 
preference can ever be given by law to any sect or mode of worship; 
and that no religious corporation can ever be established in this state. 

6. That all elections shall be free and equal. 

7. That courts of justice ought to be open to every person, and certain 
remedy afforded for every injury to person, property, er character; and 
that right and justice ought to be administered without sale, denial, or 
delay ; and that no private property ought to be taken or applied to 
public use without just compensation. 


MISSOURI. 363 


8. That. the right of trial by jury shall remain inviolate. 

9. That in all criminal prosecutions, the accused has the right to be 
heard by himself and his counsel; to demand the nature and cause of 
accusations ; to have compulsory process for witnesses in his favour; to 
meet the witnesses against him face to face; and, in prosecutions on 
presentment or indictment, to a speedy trial, by an impartial jury of the 
vicinage ; that the accused cannot be compelled to give evidence against 
himself; nor be deprived of life, liberty, or property, but by the judgment 
of his peers, or the law of the land. 

10. That no person, after having been once acquitted by a jury, can, 
for the same offence, be again put in jeopardy of life or limb; but if in 
any criminal prosecution the jury be divided in opinion at the end of 
the term, the court before which the trial shall be had, may, in its dis- 
cretion, discharge the jury, and commit or bail the accused for trial at 
the next term of such court. 

11. That all persons shall be bailable by sufficient sureties, except for 
capital offences, when the proof is evident or the presumption great ; 
and the privilege of the writ of habeas corpus cannot be suspended, 
unless when, in cases of rebellion or invasion, the public safety may 
require it. . 

12, That excessive bail shail not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

13, That the people ought to be secure in their persons, papers, 
houses, and effects, from unreasonable searches and seizures; and no 
warrant to search any place, or to seize any person or thing, can issue 
without describing the place to be searched, or the person or thing to 
be seized, as nearly as may be, nor without probable cause, supported 
by oath or affirmation. 

14, That no person can, for an indictable offence, be proceeded against 
criminally, by information, except in cases arising in the land or naval 
forces, or in the militia when in actual service, in time of war or public 
danger, or by leave of the court, for oppression or misdemeanour in office. 

15. That treason against the state can consist only in levying war 
against it, or in adhering to its enemies, giving them aid and comfort : 
that no person can be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on his own confession in open 
court ; that no person can be attainted of treason or felony by the gene- 
ral assembly ; that no conviction can work corruption of blood, or for- 
feiture of estate ; that the estates of such persons as may destroy their 
own lives shall descend or vest as in cases of natural death ; and when 
any person shall be killed by casualty, there ought to be no forfeiture 
by reason thereof. 

16. That the free communication of thoughts and opinions is one of 
the invaluable rights of man, and that every person may freely speak, 
write, and print on any subject, being responsible for the abuse of that 
liberty ; that in all prosecutions for libels, the truth thereof may be given 
in evidence, and the jury may determine the law and the facts, under 
the direction of the court. 

17. That no ea post facto law, nor law impairing the obligation of 
contracts, or retrospective in its operations, can be passed ; nor can the 
person of a debtor be imprisoned for debt after he shall have surrendered 


364 CONSTITUTION OF 


his property for the benefit of his creditors in Such manner as may be 
prescribed by law. 

18. 'That no person who is religiously scrupulous of bearing arms 
can be compelled to do so, but may be compelled to pay an equivalent 
for military service, in such manner as shall be prescribed by law ; and 
that no priest, preacher of the gospel, or teacher of any religious per- 
suasion or sect, regularly ordained as such, be subject to militia duty, or 
compelled to bear arms. . 

19. That all property, subject to taxation in this state, shall be taxed 
in proportion to its value. 

20. That no title of nobility, hereditary emolument, privilege, or 
distinction, shall be granted; nor any office created, the duration of. 
which shall be longer than the good behaviour of the officer appointed 
to fill the same. 

21. That emigration from this state cannot be prohibited. 

22. That the military is, and in all cases, and at all times, shall be in 
strict subordination to the civil power; that no soldier can, in time of 
peace, be quartered in any house, without the consent of the owner, nor 
in time of war, but in such“manner as may be prescribed by law ; nor 
can any appropriation for the support of any army be made for a longer 
period than two years, 


SCHEDULE. 


§ 1. That no inconvenience may arise from the change of govern- 
ment, we declare, that all writs, actions, prosecutions, judgments, claims, 
and contracts of individuals and of bodies corporate, shall continue as 
if no change had taken place; and all process which may, before the 
third Monday in September next, be issued under the authority of the 
territory of Missouri, shall be as valid as if issued in the name of the 
state. 

2. All laws now in force in the territory of Missouri, which are not 
repugnant to this constitution, shall remain in force until they expire by 
their own limitations, or be altered or repealed by the general assembly. 

3. All fines, penalties, forfeitures, and escheats, accruing to the terri- 
tory of Missouri, shall accrue to the use of the state. 

4, All recognizances heretofore taken, or which may be taken before 
the third Monday in September next, shall remain valid, and shall pass 
over to, and may be prosecuted in the name of the state: and all bonds 
executed to the governor of the territory, or to any other officer or court 
in his official capacity, shall pass over to the governor, or other proper 
state authority, and to their successors in office, for the uses therein 
respectively expressed, and may be sued for and recovered accordingly. 
All criminal prosecutions and penal actions, which have arisen, or which 
may arise before the third Monday in September next, and which shall 
then be depending, shall be prosecuted to judgment and execution in 
the name of the state. All actions at law which now are, or which, on 
the third Monday in September next, may be depending in any of the 
courts of record in the territory of Missouri, may be commenced in, or 
transferred to any court of record of the state which shall have jurisdic- 
tion of the subject matter thereof; and all suits in equity may, in like 
manner, be commenced in, or transferred to the court of chancery. 


MISSOURI. 365 


5. All officers, civil and military, now holding commissions under the 
authority of the United States, or of the territory of Missouri, shall 
continue to hold and exercise their respective offices, until they shall be 
superseded under the authority of the state; and all such officers holding 
commissions under the authority of the territory of Missouri, shall 
receive the same compensation which they hitherto received, in propor- 
tion to the time they shall be so employed. 

6. The first meeting of the general assembly shall be at St. Louis, 
with=power to adjourn to any other place; and the gencral assembly, at 
the first session thereof, shall fix the seat of government until the first 
day of October, eighteen hundred and twenty-six ; and the first session 
of the general assembly shall have power to fix the compensation of the 
members thereof; any thing in the constitution to the contrary notwith- 
standing. 

7. Until the first enumeration shall be made, as directed in this con- 
stitution, the county of Howard shall be entitled to eight representatives, 
the county of Cooper to four representatives, the county of Montgomery 
to two representatives, the county of Lincoln to one representative, the 
county of Pike to two representatives, the county of St. Charles to three 
representatives, the county of St. Louis to six representatives, the county 
of Jefferson to one representative, the county of Washington to two 
representatives, the county of St. Genevieve to four representatives, the 
county of Cape Girardieu to four representatives, the county of New 
Madrid to two representatives, the county of Madison to one representa- 
tive, the county of Wayne to one representative, and that part of the 
county of St. Lawrence situated within this state, shall attach to, and 
form part of the county of Wayne until otherwise provided by law, and 
the sheriff of the county of Wayne shall appoint the judges of the first 
election, and the place of holding the same, in the part thus attached ; 
and any person who shall have resided within the limits of this state 
five months previous to the adoption of this constitution, and who shall 
be otherwise qualified as prescribed in the third section of the third 
article thereof, shall be eligible to the house of representatives, any thing 
in this constitution to the contrary notwithstanding. 

8. For the first election of senators, the state shall be divided into 
districts, and the apportiénment shall be as follows, that is to say: the 
counties of Howard and Cooper shall compose one district and elect four 
senators, the counties of Montgomery and Franklin shall compose one 
district and elect one senator, the county of St. Charles shall compose 
one district and elect. one senator, the counties of Lincoln and Pike 
shall compose one district and elect one senator, the county of St. Louis 
shall compose one district and elect two senators, the counties of Wash- 
ington and Jefferson shall compose one district and elect one senator, 
the county of St. Genevieve shall compose one district and elect one 
senator, the counties of Madison and Wayne shall compose one district 
and elect one senator, the counties of Cape Girardieu and New Madrid 
shall compose one district and elect two senators; and in all cases where 
a senatorial district consists of more than one county, it shall be the 
duty of the clerk of the county second named in that district to certify 
the returns of the senatorial election within their proper county, to the 
clerk of the county first named, within five days after he shall have 
received the same; and any person who shall have resided within the 

2H 2 


366 CONSTITUTION OF 


limits of this state five months previous to the adoption of this consti- 
tution, and who shall be otherwise qualified as prescribed in the fifth 
section of the third article thereof, shall be eligible to the senate of this 
state, any thing in this constitution to the contrary notwithstanding. 

9. The president of the convention shall issue writs of election to the 
sheriffs of the several counties, or in case of vacancy, to the coroners, 
requiring them to cause an election to be held on the fourth Monday in 
August next, for a governor, a lieutenant-governor, a representative in 
the congress of the United States, for the residue of the sixteenth con- 
gress, a representative for the seventeenth congress, senators and repre- 
sentatives for the general assembly, sheriffs and coroners, and the returns 
of all township elections, held in pursuance thereof, shall be made to the 
clerks ofthe proper county within five days after the day of election: 
and any person who shall reside within the limits of this state at the 
time of the adoption of this constitution, and who shall be otherwise 
quatified as prescribed in the tenth section of the third article thereof, 
shall be deemed a qualified elector, any thing in this constitution to the 
contrary notwithstanding. 

10. The elections shall be conducted according to the existing laws 
of the Missouri or The clerks of the circuit courts of the several 
counties shall certify the returns of the election of governor and lieu- 
tenant-governor, and transmit the same to the speaker of the house of 
representatives, at the temporary seat of government, m such time that 
they may be received on the third Monday of September next. As soon 
as the general assembly shall be organized, the speaker of the house of 
representatives, and the president pro tempore of the senate, shall, in the 
presence of both houses, examine the returns, and declare who are duly 
elected to fill those offices ; and if any two or more persons shall have 
an equal number of votes, and a higher number than any other person, 
the general assembly shall determine the election in the manner herein 
provided ; and the returns of the election for members of congress shall 
be made to the secretary of the state within thirty days after the day of 
election. 

11. The oaths of office, herein directed to be taken, may be adminis- 
tered by any judge or justice of the peace, until the general assembly 
shall otherwise direct. 

12. Until a seal of the state be provided, the governor may use his 
private seal. 

DAVID BARTON, 
President of the Convention. 


Attest, Wm. G. Perrus, 
Secretary of the Convention. 


AN ORDINANCE, 


Declaring the assent of the people of the state of Missouri, by theit 
representatives in convention assembled, to certain conditions and 
provisions in the act of congress on the sixth of March, one thou 
sand eight hundred and tiventy, entitled, “An act to authorize the 


MISSOURL 367 


people of Missouri territory to form a constitution and state go- 
vernment, and for the admission of such state into the Union onan 
equal footing with the original states, and to prohibit .slavery in 
certain territories. 


Wuenreas the act of congress of the United States of America, ap- 
proved March the sixth, one thousand eight hundred and twenty, entitled 
“An act to authorize the people of Missouri territory to form a consti- 
tution and state government, and for the admission of such state into 
the Union, on an equal footing with the original states, and to prohibit 
slavery in certain territories,’ contains certain requisitions and provisions, 
and among other things, has offered to this convention, when formed, 
for and in behalf of the people inhabiting this state, for their free accept- 
ance, or rejection, the five following propositions, and which, if accepted 
by this convention in behalf of the people as aforesaid, are to be obliga- 
tory on the United States, viz: 

“1st. [hat section numbered sixteen, in every township, and when 
such section has been sold, or otherwise disposed of, other lands equiva- 
lent thereto, and as contiguous as may be, shall be granted to the 
state, for the use of the inhabitants of such township, for the use of 
schools, .- 

“2d. That all salt springs, not exceeding twelve in number, with six 
sections of land adjoining to each, shall be granted to the said state for 
the use of the said state, the same to be selected by the legislature of 
said state, on or before the first day of January, in the year one thousand 
eight hundred and twenty-five: and the same when so selected, to be 
used under such terms, conditions, and regulations, as the legislature of 
said state shall direct: Provided, that no salt spring, the right whereof 
now is, or hereafter shall be confirmed or adjudged to any individual or 
individuals, shall by this section be granted to said state ; and provided 
also, that the legislature shall never sell nor lease the same, at any 
one time, for a longer period than ten years, without the consent of 
congress, 

“3d. That five per cent. of the neat proceeds of the sale of lands 
lying within said territory or state, and which shall be sold by congress, 
from and after the first day of January next, after deducting all expense 
incident to the same, shall be reserved for making public roads and 
canals, of which three-fifths shall be applied to those objects within the 
state, under the direction of the legislature thereof, and the other two- 
fifths in defraying, under the direction of congress, the expenses to be 
incurred in making of a road or roads, canal or canals, leading to the 
said state. 

“Ath, That four entire sections of land be, and the same are hereby 
granted to the said state, for the purpose of fixing their seat of govern- 
ment thereon; which said sections shall, under the direction of the 
legislature of said state, be located, as near as may be, in one body, at 
any time, in such townships and ranges as the legislature, aforesaid, 
may select, on any of the public lands of the United States: Provided, 
that such location shall be made prior to the public sale of the lands of 
the United States surrounding such location. 

“5th. That thirty-six sections, or one entire township, which shall 
be designated by the president of the United States, together with the 


368 CONSTITUTION OF 


other lands heretofore reserved for that purpose, shall be reserved for the 
use of a seminary of learning, and vested in the legislature of said 
state, to be appropriated solely for the use of such seminary, by the le- 
gislature.” 

Now, this convention, for and in behalf of the people inhabiting this 
state, and by the authority of the said people, do accept the five before 
recited propositions, offered by the act of congress under which they 
are assembled ; and, in pursuance of the conditions, requisitions, and 
other provisions in the before recited act of congress contained, this con- 
vention, for and in behalf of the people inhabiting this state, do ordain, 
agree, and declare, that every and each tract of land sold by the United 
States, from and after the first day of January next, shall remain exempt 
from any tax laid by order or under the authority of the state, whether 
for state, county, or township, or any other purpose whatever, for the 
term of five years from and after the respective days of sale thereof 
And that the bounty lands granted, or hereafter to be granted, for: mili 
tary services, during the late war, shall, while they continue to be held 
by the patentees or their heirs, remain exempt, as aforesaid, from taxa- 
tion, for the term of three years from and after the date of the patents 
respectively : Provided, nevertheless, that if the congress of the Unitea 
States shall consent to repeal and revoke the following clause in the 
fifth proposition of the sixth section of the act of congress before re- 
cited, and in these words, viz: “'That every and each tract of land sold 
by the United States, from and after the first day of January next, shall 
remain exempt from any tax, laid by order, or under the authority of 
the state, whether for state, county, or township, or any other purpose 
whatever, for the term of five years from and after the day of sale, and 
further’—that this convention, for and in behalf of the people of the 
state of Missouri, do hereby ordain, consent, and agree, that the same be 
so revoked and repealed; without which consent of the congress as afore- 
said, the said clause to remain in full force and operation as first above 
provided for in this ordinance: and this convention doth hereby request 
the congress of the United States so to modify their third proposition, 
that the whole amount of five per cent. on the sale of public lands therein 
offered, may be applied to the construction of roads and canals, and the 
promotion of education within this state, under the direction of the le- 
gislature thereof. And this convention, for and in behalf of the people 
inhabiting this state, and by the anthority of the said people, do further 
ordain, agree, and declare, that this ordinance shall be irrevocable, with- 
out the consent of the United States. 


Done in convention, at St. Louis, in the state of Missouri, this nine- 
teenth day of July, in the year of our Lord one thousand eight 
hundred and twenty, and of the independence of the United States 
of America the forty-fifth. 


By order of the convention : 
DAVID BARTON, President. 


Attest, Wm. G. Pettus, Secretary. 


x 


APPENDIX. 


DECLARATION OF INDEPENDENCE, 


In Coneness, Jury 4, 1776. 


THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED 
STATES OF AMERICA, 


Wuen, in the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume, among the powers of the earth, the separate 
and equal station to which the jaws of nature and nature’s God en- 
title them, a decent respect to the opinions of mankind requires, that 
they should declare the causes which impel them to the separation. 

We hold these truths to be self-evident :—that all men are created 
equal; that they are endowed by their Creator with certain unalien- 
able rights; that among these are life, liberty, and the pursuit of hap- 
piness. That to secure these rights, governments are instituted 
among men, deriving their just powers from the consent of the go- 
verned ; that whenever any form of government becomes destructive 
of these ends, it is the right of the people to alter or to abolish it, and 
to institute a new government, laying its foundation on such princi- 
ples, and organizing its powers in such form as to them shall seem 
most likely to effect their safety and happiness. Prudence, indeed, 
will dictate, that governments long established should not be changed 
for light and transient causes; and accordingly all experience hath 
shown, that mankind are more disposed to suffer, while evils are suf- 
ferable, than to right themselves, by abolishing the forms to which 
they are accustomed. But when a long train of abuses and usurpa- 
tions, pursuing invariably the same object, evinces a design to reduce 
them under absolute despotism, it is their right, it is their duty, to 
throw off such government, and to provide new guards for their fu- 
ture security. Such has been the patient sufferance of these colonies, 
and such is now the necessity which constrains them to alter their 
former systems of government. The-history of the present king of 
Great Britain is a history of repeated injuries and usurpations, all 
having in direct object the establishment of an absolute tyranny 


362 


370 APPENDIX. 


over these States. T'o prove this, let facts be submitted to a candid 
world. zi 

He has refused his assent to laws thé most wholesome and neces- 
sary for the public good. 

He has forbidden his governors to pass laws of immediate and 
pressing importance, unless suspended in their operation, till his assent 
should be obtained ; and when so suspended, he has utterly neglected 
to attend to them. He has refused to pass other laws for the accom- 
modation of large districts of people, unless those people would relin- 
quish the right of representation in the legislature—a right inestima- 
ble to them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, uncom- 
fortable, and distant from the repository of their public records, for 
the sole purpose of fatiguing them into compliance with his measures. 

He has dissolved Representative Houses repeatedly, for opposing, 
with manly firmness, his invasions on the rights of the people. 

He has refused, for a long time after such dissolutions, to cause 
others to be elected; whereby the legislative powers, incapable of an- 
nihilation, have returned to the people at large for their exercise, the 
State remaining, in the mean time, exposed to all the dangers of inva- 
sion from without, and convulsions within. 

He has endeavoured to prevent the population of these States ; for that 
purpose obstructing the laws of naturalization of foreigners; refusing 
to pass others to encourage their migration hither, and raising the 
conditions of new appropriations of lands. 

He has obstructed the administration of justice, by refusing his as- 
sent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for the tenure of 
their offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms 
of officers, to harass our people, and eat out their substance. 

He has kept among us, in times of peace, standing armies, without 
the consent of our legislatures. 

He has affected to render the military, independent of, and superior 
to, the civil power. 

He has combined with others to subject us to a jurisdiction foreign 
to our Constitution, and unacknowledged by our laws; giving his as- 
sent to their acts of pretended legislation : 

For quartering large bodies of armed troops among us: 

For protecting them, by a mock trial, from punishment for any 
murders which they should commit on the inhabitants of these States« 

For cutting off our trade with all parts of the world: 

For imposing taxes on us without our consent: 

For depriving us, in many cases, of the benefits of trial by jury : 

For transporting us beyond seas to be tried for pretended offences: 

For abolishing the free system of English laws in a neighbouring 
province, establishing therein an arbitrary government, and enlarging 


APPENDIX. 371 


its boundaries, so as to render it at once an example and fit instrument 
for introducing the same absolute rule into these colonies, 

For taking away our charters, abolishing our most valuable Jaws, 
and altering, fundamentally, the forms of our governments : 

For suspending our own legislatures, and declaring themselves in- 
vested with power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his pro- 
tection, and waging war against us, 

He has plundered our seas, ravaged our coasts, burnt our towns, an 
destroyed the lives of our people. 

He is at this time transporting large armies of foreign mercenaric: 
to complete the works of death, desolation, and tyranny, already begun 
with circumstances of cruelty and perfidy, scarcely paralleled in the 
most barbarous ages, and totally unworthy the head of a civilized 
nation. 

He has constrained our fellow-citizens, taken captive on the high 
seas, to bear arms against their country, to become the executioners 
of their friends and brethren, or to fall themselves by their hands. 

He has excited domestic insurrections amongst us, and has endea- 
voured to bring on the inhabitants of our frontiers the merciless Indian 
savages, whose known rule of warfare is an undistinguished destruc- 
tion of all ages, sexes, and conditions. 

In every stage of these oppressions we have petitioned for redress 
in the most humble terms: our repeated petitions have been answered 
only by repeated injury. A prince, whose character is thus marked 
by every act which may define a tyrant, is unfit to be the ruler of a 
free people. 

Nor have we been wanting in attentions to our British brethren. 
We have warned them, from time to time, of attempts by their legisla- 
ture to extend an unwarrantable jurisdiction over us. We have re- 
minded them of the circumstances of our emigration and settlement 
here. We have appealed to their native justice and magnanimity, 
and we have conjured them by the ties of our common kindred to 
disavow these usurpations, which would inevitably interrupt our con- 
nexions and correspondence. They too have been deaf to the voice 
of justice and of consanguinity. We must, therefore, acquiesce in the 
necessity which denounces our separation, and hold them, as we hold 
the rest of mankind—enemies in war, in peace friends. 

We, therefore, the representatives of the United States of America, 
in General Congress assembled, appealing to the Supreme Judge of the 
world, for the rectitude of our intentions, do, in the name and by the 
authority of the good people of these colonies, solemnly publish and 
declare, that these United Colonies are, and of right ought to be, free 
and independent States; that they are absolved from all allegiance to 
the British crown, and that ail political connexion between them and 
the State of Great Britain is, and ought to be, totally dissolved; and 
that, as free and independent States, they have full power to levy war, 
conclude peace, contract alliances, establish commerce, and to do all 


372 APPENDIX. rE 


other acts and things which independent States may of right do. 
And for the support of this declaration, with a firm reliance on the 
protection of Divine Providence, we mutually pledge to each other 
our lives, our fortunes, and our sacred honour. 


NEW HAMPSHIRE. 
Josiah Bartlett. 
William Whipple, 
Matthew ‘Thornton. 


MASSACHUSETTS BAY. 
Samuel Adams, 
John Adams, 
Robert Treat Paine, 
Elbridge Gerry. 


RHODE ISLAND, &c. 
Stephen Hopkins, 
William Ellery. 


CONNECTICUT. 
Roger Sherman, 
Samuel Huntingdon, 
William Williams, 
Oliver Wolcott. 


NEW YORK. 
William Floyd, 
Philip Livingston, 
Francis Lewis, 
Lewis Morris. 


NEW JERSEY, 
Richard Stockton, 
John Witherspoon, 
Francis Hopkinson, 
John Hart, 
Abraham Clark. 


PENNSYLVANIA. 
Robert Morris, 
Benjamin Rush, 
Benjamin Franklin, 
John Morton, 
George Clymer, 


JOHN HANCOCK, 


James Smith, 
George Taylor, 
James Wilson, 
George Ross. 


DELAWARE. 
Cesar Rodney, 
George Read, 
Thomas M‘Kean. 


MARYLAND. 
Samuel Chase, 

William Paca, 

Thomas Stone, 

C. Carroll, of Carrollton. 


VIRGINIA. 
George Wythe, 
Richard Henry Lee, 
Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, Jr., 
Francis Lightfoot Lee, 
Carter Braxton. 


NORTH CAROLINE. 
William Hooper. 

Joseph Hewes, 

John Penn. 


SOUTH CAROLINA. 
Edward Rutledge, 
Thomas Heyward, Jr., 
Thomas Lynch, Jr., 
Arthur Middleton. 


GEORGIA. 
Burton Gwinnet, 
Lyman Hall, 

George Walton. 


ARTICLES OF CONFEDERATION. 


In Congress, July 8, 1788. 


ARTICLES OF CONFEDERATION AND PERPETUAL UNION 


Between the States of New Hampshire, Massachusetts Bay, Rhode 
Island and Providence Plantations, Connecticut, New York, 
New Jersey, Pennsylvania, Delaware, Maryland, Virginia, 
North Carolina, South Carolina, and Georgia. 


Arriciz 1. The style of this confederacy shall be, “ The United 
States of America.” 

Art. 2. Each State retains its sovereignty, freedom, and independ- 
ence, and every power, jurisdiction, and right, which is not by this 
confederation, expressly delegated to the United States, in Congress 
assembled. 

Art. 3. The said States hereby severally enter into a firm league 
of friendship with each other, for their common defence, the security 
of their liberties, and their mutual and general welfare, binding them- 
selves to assist each other against all force offered to, or attacks made 
upon them, or any of them, on account of religion, sovereignty, trade, 
or any other pretence whatever. 

Art. 4. § 1. The better to secure and perpetuate mutual friendship 
and intercourse among the people of the different States in this Union, 
the free inhabitants of each of these States, paupers, vagabonds, and 
fugitives from justice excepted, shall be entitled to all privileges and 
immunities of free citizens in the several States; and the people of 
each State shall have free ingress and regress to and from any other 
State, and shall enjoy therein all the privileges of trade and commerce, 
subject to the same duties, impositions, and restrictions, as the inha- 
bitants thereof respectively ; provided that such restrictions shall not 
extend so far as to prevent the removal of property imported into any 
State, to any other State, of which the owner is an inhabitant ; pro- 
vided also, that no imposition, duties, or restriction, shall be laid by 
any State on the property of the United States, or either of them. 

§ 2. If any person guilty of, or charged with, treason, felony, or 
other high misdemeanor in any State, shall flee from justice, and be 
found in any of the United States, he shall, upon the demand of the 
governor or executive power of the State from which he fled, be de- 
livered up, and removed to the State having jurisdiction of his offence. 

§ 3 Full faith and credit shall be given, in each of these States, to 

9 


21 e735 


374 APPENDIX. 


the records, acts, and judicial proceedings of the courts and magistrates 
of every other State. 

Art. 5. § 1. For the more convenient management of the general 
interests of the United States, delegates shall be annually appointed 
in such a manner as the legislature of each State shall direct, to meet 
-n Congress on the first Monday in November, in every year, with a 
power reserved to each State to recall its delegates, or any of them, at 
any time within the year, and to send others in their stead, for the re- 
mainder of the year. 

§ 2. No State shall be represented in Congress by less than two, 
nor more than seven members: and no person shall be capable of 
being ‘a delegate for more than three years, in any term of six 
years; nor shall any person, being a delegate, be capable of holding 
any office under the United States, for which he, or any other for his 
benefit, receives any salary, fees, or emolument of any: kind. 

§ 3. Each State shall maintain its own delegates in a meeting of 
the States, and while they act as members of the committee of these 
States. : 

§ 4. In determining questions in the United States in Congress 
assembled, each State shall have one vote. 

§ 5. Freedom of speech and debate in Congress shall not be im- 
peached or questioned in any court or place out of Congress, and the 
members of Congress shall be protected in their persons, from arrests 
and imprisonments during the time of their going to and from, and 
attendance on, Congress, except for treason, felony, or breach of the 
peace. 

Art. 6. § 1. No State, without the consent of the United States, in 
Congress assembled, shall send any embassy to, or receive any em- 
bassy from, or enter into any conference, agreement, alliance, or 
treaty, with any king, prince, or State; nor shall any person holding 
any office of profit or trust under the United States, or any of them, 
accept of any present, emolument, office, or title of any kind whatever, 
from any king, prince, or foreign State; nor shall the United States, 
in Congress assembled, or any of them, grant any title of nobility. 

§ 2. No two or more States shall enter into any treaty, confedera- 
tion, or alliance whatever, between them, without the consent of the 
United States, in Congress assembled, specifying accurately the pur- 
poses for which the same is to be entered into, and how long it shall 
continue. 

§ 3. No State shall lay any imposts or duties which may interfere 
with any stipulations in treaties, entered into by the United States, in 
Congress assembled, with any king, prince, or State, in pursuance 
of any treaties already proposed by Congress to the courts of France 
and Spain. 

§ 4. No vessels of war shall be kept up in time of peace, by any 
State, except such number only as shall be deemed necessary by the 
United States, in Congress assembled, for the defence of such State, 
or its trade: nor shall any body of forces be kept up, by any State, in 


APPENDIX. 375 


time of peace, except such number only as, in the judgment of the 
United States, in Congress assembled, shall be deemed requisite to 
garrison the forts necessary for the defence of such State; but every 
State shall always keep up a regular and well-disciplined militia, suf- 
ficiently armed and accoutred, and shall provide and constantly have 
ready for use, in public stores, a due number of field-pieces and tents, 
and a proper quantity of arms, ammunition, and camp equipage. 

§ 5. No State shall engage in any war without the consent of the 
United States, in Congress a:sembled, unless such State be actually 
invaded by enemies, or shall nave received certain advice of a resolu- 
tion being formed by some nation of Indians to invade such State, and 
the danger is so imminent as not to admit of delay till the United 
States, in Congress assembled, can be consulted ; nor shall any State 
grant commissions to any ships or vessels of war, nor letters of marque 
or reprisal, except it be after a declaration of war by the United States, 
in Congress assembled, and then only against a kingdom or State, 
and the subjects thereof, against which war has been so declared, and 
under such regulations as shall be established by the United States, in 
Congress assembled, unless such State be infested by pirates, in which 
case vessels of war may be fitted out for that occasion, and kept so 
long as the danger shall continue, or until the United States, in Con- 
gress assembled, shall determine otherwise. 

Art. 7. When land forces are raised by any State, for the common 
defence, all officers of, or under the rank of colonel, shall be appointed 
by the legislature of each State respectively by whom such forces shall 
be raised, or in such manner as such State shall direct, and all vacan- 
cies shall be filled up by the State which first made the appointment. 

Art. 8. All charges of war, and all other expenses that shall be in- 
curred for the common defence or general welfare, and allowed by 
the United States, in Congress assembled, shall be defrayed out of a 
common treasury, which shall be supplied by the several States, in 
proportion to the value of all land within each State, granted to, or 
surveyed for, any person, as such land and the buildings and improve- 
ments thereon shall be estimated, according to such mode as the 
United States, in Congress assembled, shall, from time to time, direct 
and appoint. The taxes for paying that proportion shall be laid and 
levied by the authority and direction of the legislatures of the several 
States, within the time agréed upon by the United States, in Congress 
assembled. ; 

Art. 9. § 1. The United States, in Congress assembled, shall have 
the sole and exclusive right and power of determining on peace and 
war, except in the cases mentioned in the sixth Article, of sending 
and receiving ambassadors; entering into treaties and alliances, pro- 
vided that no treaty of commerce shall be made, whereby the legislative 
power of the respective States shall be restrained from imposing such 
imposts and duties on foreigners, as their own people are subjected to, 
or from prohibiting the exportation or importation of any species of 
goods or commodities whatsoever ; of establishing rules for deciding, 


376 APPENDIX. 


in all cases, what captures on land or water shall be legal, and in what 
manner prizes taken by land or naval forces in the service of the 
United States, shall be divided or appropriated ; of granting letters of 
marque and reprisal in times of peace; appointing courts for the trial 
of piracies and felonies committed on the high seas; and establishing 
courts for receiving and determining finally appeals in all cases of 
captures; provided that no member of Congress shall be appointed a 
judge of any of the said courts. 

§ 2. The United States, in Congress assembled, shall also be the 
last resort on appeal, in all disputes and differences now subsisting, or 
that hereafter may arise between two or more States concerning boun- 
dary, jurisdiction, or any other cause whatever; which authority shall 
always be exercised in the manner following: Whenever the legislative 
or executive authority, or lawful agent of any State in controversy 
with another, shall present a petition to Congress, stating the matter 
in question, and praying for a hearing, notice thereof shall be given 
by order of Congress, to the legislative or executive authority of the 
other State in controversy, and a day assigned for the appearance of 
the parties by their lawful agents, who shall then be directed to ap- 
point, by joint consent, commissioners or judges to constitute a court 
for hearing and determining the matter in question; but if they can- 
not agree, Congress shall name three persons out of each of the United 
States, and from the list of such persons each party shall alternately 
strike out one, the petitioners beginning, until the number shall be 
reduced to thirteen; and from that number not less than seven, nor 
more than nine names, as Congress shall direct, shall, in the presence 
of Congress, be drawn out by lot; and the persons whose names shall 
be so drawn, or any five of them, shall be commissioners or judges, to 
hear and finally determine the controversy, so always as a major part 
of the judges, who shall hear the cause, shall agree in the determina- 
tion; and if either party shall neglect to atterid at the day appointed, 
without showing reasons which Congress shall judge sufficient, or 
being present, shall refuse to strike, the Congress shall proceed to no- 
minate three persons out of each State, and the secretary of Congress 
shall strike in behalf of such party absent or refusing; and the judg- 
ment and sentence of the court, to be appointed in the manner before 
prescribed, shall be final and conclusive; and if any of the parties 
shall refuse to submit to the authority of such court, or to appear or 
defend their claim or cause, the court shall nevertheless proceed to 
pronounce sentence, or judgment, which shall in like manner be final 
and decisive; the judgment or sentence and other proceedings being 
in either case transmitted to Congress, and lodged among the acts of 
Congress, for the security of the parties concerned ; provided, that 
every commissioner, before he sits in judgment, shall take an oath, to 
be administered by one of the judges of the supreme or superior court 
of the State where the cause shall be tried, “ well and truly to hear 
and determine the matter in question, according to the best of his 
judgment, without favour, affection, or hope of reward.” Provided, 


APPENDIX. 377 


also, that no State shall be deprived of territory for the benefit of the 
United States. 

§ 3. All controversies concerning the private right of soil claimed 
under different grants of two or more States, whose jurisdiction, as 
they may respect such lands, and the States which passed such grants 
are adjusted, the said grants or either of them being at the same time 
claimed to have originated antecedent to such settlement of jurisdic- 
tion, shall, on the petition of either party to the Congress of the 
United States, be finally determined, as near as may be, in the same 
manner as is before prescribed for deciding disputés respecting territo- 
rial jurisdiction between different States, 

§ 4. The United States, in Congress assembled, shall also have the 
sole and exclusive right and power of regulating the alloy and value 
of coin struck by their own authority, or by that of the respective 
States; fixing the standard of weights and measures throughout the 
United States; regulating the trade and managing all affairs with the 
Indians, not members of any of the States; provided that the legisla- 
tive right of any State, within its own limits, be not infringed or vio- 
lated ; establishing and regulating post offices from one State to an- 
other, throughout all the United States, and exacting such postage on 
the papers passing through the same, as may be requisite to defray 
the expenses of the said office ; appointing all officers of the land forces 
in the service of the United States, excepting regimental officers ; ap- 
pointing all the officers of the naval forces, and commissioning all 
officers whatever in the service of the United States; making rules 
for the government and regulation of the said land and naval forces, 
and directing their operations. 

§ 5. The United States, in Congress assembled, shall have autho- 
rity to appoint a committee, to sit in the recess of Congress, to be de- 
nominated, “.4 Committee of the States,” and to consist of one de- 
legate from each State; and to appoint such other committees and 
civil officers as may be necessary for managing the general affairs of 
the United States under their direction; to appoint one of their num- 
ber to preside; provided that no person be allowed to serve in the 
office of president more than one year in any term of three yeurs; to 
ascertain the necessary sums of money to be raised for the service of 
the United States, and to appropriate and apply the same for defraying 
the public expenses ; to borrow money or emit bills on the credit of 
the United States, transmitting every half year to the respective States 
an account of the sums of money so borrowed or emitted; to build 
and equip a navy ; to agree upon the number of land forces, and to make 
requisitions from each State for its quota, in proportion to the number 
of white inhabitants in such State, which requisition shall be binding ; 
and thereupon the Legislature of each State shall appoint the regi- 
mental officers, raise the men, clothe, arm, and equip them, in a sol- 
dier-like manner, at the expense of the United States; and the officers 
and men so clothed, armed, and equipped, shall! march to the place 
appointed, and within the time ace on by the United States, in 

21 od ; 


278 ss APPENDIX. 


Congress assembled; but if the United States, in Congress assembled, 
shall, on consideration of circumstances, judge proper that any State 
should not raise men, or should raise a smaller number than its quota, 
and that any other State should raise a greater number of men than the 
quota thereof, such extra number shall be raised, officered, clothed, armed, 
and equipped in the same manner as the quota of such State, unless 
the Legislature of such State shall judge that such extra number cannot 
be safely spared out of the same, in which case they shall raise, oflicer, 
clothe, arm, and equip, as many of such extra number as they judge 
can be safely spared, and the officers and men so clothed, armed, and 
equipped, shall march to the place appointed, and within the time 
agreed on by the United States in Congress assembled. 

'  § 6. The United States, in Congress assembled, shall never engage 
in a war, nor grant letters of marque and reprisal in time of peace, nor 
enter into any treaties or alliances, nor coin money, nor regulate 
the value thereof, nor ascertain the sums and expenses necessary for 
the defence and welfare of the United States, or any of them, nor emit 
bills, nor borrow money on the credit of the United States, nor appro- 
priate money, nor agree upon the number of vessels of war to be built 
or purchased, or the number of land or sea forces to be raised, nor ap- 
point a commander-in-chief of the army or navy, unless nine States 
assent to the same, nor shall a question on any other point, except for 
adjourning from day to day, be determined, unless by the votes of a 
majority of the United States in Congress assembled. 

§ 7. The Congress of the United States shall have power to adjourn 
to any time within the year, and to any place within the United States, 
so that no period of adjournment be for a longer duration than the space 
of six months, and shall publish the journal of their proceedings monthly, 
except such parts thereof relating to treaties, alliances, or military opera- 
tions, as in their judgment require secrecy ; and the yeas and nays of the 
delegates of each State, on any question, shall be entered on the jour- 
nal, when it is desired by any delegate; and the delegates of a State, 
or any of them, at his or their request, shall be furnished with a tran- 
script of the said journal, except such parts as are above excepted, to 
lay before the legislatures of the several States. 

Art. 10. The committee of the States, or any nine of them, shall be 
authorized to execute, in the recess of Congress, such of the powers 
of Congress as the United States, in Congress assembled, by the con- 
sent of nine States, shall, from time to time, think expedient to vest 
them with ; provided that no power be delegated to the said committee, 
for the exercise of which, by the articles of confederation, the voice of nine 
States, in the Congress of the United States assembled, is requisite. 

Art. 11. Canada acceding to this confederation, and joining in the 
measures of the United States, shall be admitted into, and entitled to 
all the advantages of this Union: but no other colony shall be admit- 
ted into the same, unless such admission be agreed to by nine States. 

Art. 12. All bills of credit emitted, moneys borrowed, and debts con 
tracted by or under the authority of Congress, before the assembling 

2 


APPENDIX. 379 


of the United States, in pursuance of the present confederation, shall 
be deemed and considered as a charge against the United States, for 
payment and satisfaction whereof the said United States and the pub- 
lic faith are hereby solemnly pledged. 

Art. 13. Every State shall abide by the determination of the United 
States, in Congress assembled, in all questions which by this confe- 
deration are submitted to them. And the articles of this confedera- 
tion shall be inviolably observed by every State, and the Unidén shall 
be perpetual; nor shall any alteration at any time hereafter be made 
in any of them, unless such alteration be agreed to in a Congress of 
the United States, and be afterwards confirmed by the legislature of 
every State. 

And whereas it hath pleased the great Governor of the world to in- 
cline the hearts of the legislatures we respectively represent in Con- 
gress, to approve of, and to authorize us to ratify the said articles of 
confederation and perpetual Union, Know ye, that we, the under- 
signed delegates, by virtue of the power and authority to us given for 
that purpose, do, by these presents, in the name and in behalf of our 
respective constituents, fully and entirely ratify and confirm each and 
every of the said articles of confederation and perpetual union, and all 
and singular the matters and things therein contained. And we do . 
further solemnly plight and engage the faith of our respective constitu- 
ents, that they shall abide by the determination of the United States, in 
Congress assembled, in all questions which by the said confederation 
are submitted to them; and that the articles thereof shall be inviolably 
observed by the States we respectively represent, and that the Union 
shall be perpetual. In witness whereof, we have hereunto set our 
hands, in Congress. 


Done at Philadelphia, in the State of Pennsylvania, the 9th day 
of July, in the year of our Lord 1778, and in the third year of the 
Independence of America. 


NEW HAMPSHIRE. CONNECTICUT. 

Josiah Bartlett, Roger Sherman, 

John Wentworth, Jr. Samuel Huntingdon, 
Oliver Wolcott, 

MASSACHUSETTS BAY. Titus Hosmer, 

John Hancock, Andrew Adams, 

Samuel Adams, 

Elbridge Gerry, NEW YORK, 

Francis Dana, Jas. Duane, 

James Lovel, Fra. Lewis, 

Samuel Holten, Wm. Duer, 


Gouv. Morris. 
RHODE ISLAND, &c. 
William Ellery, NEW JERSEY: 
Henry Marchant, Jno. Witherspoon, 
John Collins. Nath. Scudder. 


380 


PENNSYLVANIA. 
Robert Morris, 
Daniel Roberdeau, 
Jona. Bayard Smith, 
William Clingan, 
Joseph Reed. 


DELAWARE. 
Thos. M‘Kean, 
John Dickinson, 
Nicholas Van Dyke. 


MARYLAND. 
John Hanson, 
Daniel Carroll. 


VIRGINIA. 
Richard Henry Lee, 
John Bannister, 
Thomas Adams, 


APPENDIX. 


Jno, Harvie, 
Francis Lightfoot Lee. 


NORTH CAROLINA, 
John Penn, 
Cons. Harnett, 
Jno. Williams, 


“SOUTH CAROLINA, 
Henry Laurens, 
William Henry Drayton, 
Jno. Matthews, 
Richard Hutson, 
Thomas Heyward, Jr. 


GEORGIA. 
Jno. Walton, 
Edwd. Telfair, 
Edwd. Langworthy. 


MICHIGAN. ° 381 


CONSTITUTION OF MICHIGAN. 


a 


The Constitution of the State of Michigan, as adopted in convention, 
begun and held at the capitol, in the city of Detroit, on Monday, the 
llth duy of May, A. D. 1835. 


In Convention, begun at the city of Detroit, on the second Monday 
of May, in the year one thousand eight hundred and thirty-five : 

We, the people of the Territory of Michigan, as established by the act 
of Congress of the eleventh of January eighteen hundred and five, in 
conformity to the fifth article of the ordinance providing for the govern- 
ment of the territory of the United States north-west of the river Ohio, 
believing that the time has arrived when our present political condition 
ought to cease, and the right of self-government be asserted; and 
availing ourselves of that provision of the aforesaid ordinance of the Con- 
gress of the United States of the thirteenth day of July, seventeen hun- 
dred und eighty-seven, and the acts of Congress passed in accordance 
therewith, which entitled us to admission into the Union, upon a condi- 
tion which has been fulfilled, do, by our delegates in convention assem- 
bled, mutually agree to form ourselves into a free and independent state, 
by the style and title of “The State of Michigan,” and do ordain and 
establish the following constitution for the government of the same: 


ARTICLE Il, 


§ 1. All political power is inherent in the people. 

2. Government is instituted for the protection, security, and benefit of 
the people; and they have the right at aH times to alter or reform the 
same, and to abolish one form of government and establish another, 
whenever the public good requires it. 

3. No man or set of men are entitled to exclusive or separate privi- 
leges. 

4, Every person has a right to worship Almighty God according to 
the dictates of his own conscience ; and no person can of right be com- 
pelled to attend, erect, or support, against his will, any place of religious 
worship, or pay any tithes, taxes, or other rates for the support of any 
minister of the gospel or teacher of religion. 

5. No money shall be drawn from the treasury for the benefit of reli- 
gious societies, or theological or religious seminaries, 

6. The civil and political rights, privileges, and capacities of no indi- 
vidual shall be diminished or enlarged on account of his opinions or 
belief concerning matters of religion. 

7. Every person may freely speak, write, and publish his sentiments 
on all subjects, being responsible for the abuse of that right ; and no laws 
shall be passed to restrain or abridge the liberty of speech or of the press. 
In all prosecutions or indictments for libels, the truth may be given in 
evidence to the jury; and if it shall appear to the jury, that the matter 
charged as libellous is true, and was published with good motives and 


882 CONSTITUTION OF 


for justifiable ends, the party shall be acquitted ; and the jury shall have 
the right to determine the law and the fact. 

8. The person, houses, papers, and possessions of every individual 
shall be secure from unreasonable searches and seizures; and no warrant 
to search any place, or to seize any person or things, shall issue without 
describing them, nor without probable cause, supported by oath or 
affirmation. 

9. The right of trial by jury shall remain inviolate. 

10. In all criminal prosecutions, the accused shall have the right to a 
speedy and public trial by an impartial jury of the vicinage ; to be con- 
fronted with the witnesses against him; to have compulsory process for 
obtaining witnesses in his favour; to have the assistance of counsel for 
his defence; and in all civil cases, in which personal liberty may be in- 
volved, the trial by jury shall not be refused. 

11. No person shall be held to answer for a criminal offence, unless 
on the presentment or indictment of a grand jury, except in cases of 
impeachment, or in cases cognisable by justices of the peace, or arising 
in the army or militia when in actual service in time of war or public 
danger. 

12. No person for the same offence shall be twice put in jeopardy of 
punishment ; all persons shall, before conviction, be bailable by sufficient 
sureties, except for capital offences, when the proof is evident or the pre- 
sumption great; and the privilege of the writ of habeas corpus shall not 
be suspended, unless when, in case of rebellion or invasion, the public 
safety may require it. 

13. Every person has a right to bear arms for the defence of himself 
and the state. 

14, The military shall, in all cases and at all times, be in strict subor- 
dination to the civil power. 

15. No soldier shall, in time of peace, be quartered in any house with- 
out the consent of the owner, nor in time of war, but in a manner pre- 
scribed by law. 

16. Treason against the state shall consist only in levying war against 
it, or in adhering to its enemies, giving them aid and comfort; no person 
shall be convicted of treason, unless on the testimony of two witnesses 
to the same overt act, or on confession in open court. 

17. No bill of attainder, ex post facto law, or law impairing the obliga- 
tion of contracts, shall be passed. 

18. Excessive bail shall not be required; excessive fines shall not be 
imposed ; and cruel and unjust punishments shall not be inflicted, 

19. The property of no person shall be taken for public use, without 
just compensation therefor. 

20. The people shall have the right freely to assemble together, to 
consult for the common good, to instruct their representatives, and to 
petition the legislature for redress of grievances. 

21. All acts of the legislature, contrary to this or any other article of 
this constitution, shall be void. 


ARTICLE 2, 


Electors. 


§ 1. In all elections, every white male citizen above the age of twenty- 
one years, having resided in the state six months next preceding any 


MICHIGAN, 383 


election, shall be entitled to vote at such election; and every white male 
inhabitant of the age aforesaid, who may be a resident of the state at the 
time of the signing of this constitution, shall have the right of voting as 
aforesaid ; but no such citizen or inhabitant shall be entitled to vote ex- 
cept in the district, county, or township, in which he shall actually reside 
at the time of such election. 

2. All votes shall be given by ballot, except for such township officers 
as may, by law, be directed to be otherwise chosen. 

3. Electors shall, in all cases except treason, felony, or breach of the 
peace, be privileged from arrest during their attendance at elections, and 
in going to and returning from the same. 

4. No elector shall be obliged to do militia duty on the days of elec- 
tion, except in time of war or public danger. 

5. No person shall be deemed to have lost his residence in this state 
by reason of his absence on business of the United States, or of this 
state. 

6. No soldier, seaman, or marine, in the army or navy of the United 
States, shall be deemed a resident of this state in consequence of being 
_ Stationed in any military or naval place within the same. 


ARTICLE 3, 
Division of the Powers of Government. 


§ 1. The powers of the government shall be divided into three distinct 
departments ; the legislative, the executive, and the judicial ; and one 
department shall never exercise the powers of another, except in such 
cases as are expressly provided for in this constitution. 


ARTICLE 4, 


Legislative Department. 


§ 1. The legislative power shall be vested in a senate and house of 
representatives. 

2. The number of the members of the house of representatives shall 
never be less than forty-eight, nor more than one hundred: and the 
senate shall, at all times, equal in number one-third of the house of repre- 
sentatives, as nearly as may be. 

3. The legislature shall provide by law for an enumeration of the 
inhabitants of this state in the years eighteen hundred and thirty-seven, 
and eighteen hundred and forty-five, and every ten years after the said 
last mentioned time; and at their first session after each enumeration so 
made as aforesaid, and also after each enumeration made by the authority 
of the United States, the legislature shall apportion anew the representa- 
tives and senators among the several counties and districts,’ according to 
the number of white inhabitants. 

4. ‘The representatives shall be chosen annually on the first Monday 
of November, and on the following day, by the electors of the several 
counties or districts into which the state shall be divided for that purpose. 
Each organized county shall be entitled to at least one representative ; 
but no county hereafter organized shall be entitled to a separate repre- 
sentative, until it shall have attained a population equal to the ratio of 
representation hereafter established. 

5 The senators shall be chosen for two years, at the same time and 


384 CONSTITUTION OF 


in the same manner as the representatives are required to be chosen. At 
the first session of the legislature under this constitution, they shall be 
divided by lot from their respective districts, as nearly as may be, into 
two equal classes; the seats of the senators of the first class shall be va- 
cated at the expiration of the first year, and of the second class at the 
expiration of the second year ; so that one-half thereof, ag nearly as may 
be, shall be chosen annually thereafter. 

6. The state shall be divided, at each new apportionment, into a num- 
ber of not less than four, nor more than eight, senatorial districts, to be 
always composed of contiguous territory, so that each district shall elect 
an equal number of senators annually, as nearly as may be; and no 
county shall be divided in the formation of such districts. 

7. Senators and representatives shall be citizens of the United States, 
and be qualified electors in the respective counties -and districts which 
they represent ; and a removal from their respective counties or districts 
shall be deemed a vacation of their seats. 

8. No person holding any office under the United States, or of this 
state, officers of the militia, justices of the peace, associate judges of the 
circuit and county courts, and postmasters excepted, shall be eligible to 
either house of the legislature. 

9. Senators and representatives shall, in all cases except treason, 
felony, or breach of the peace, be privileged from arrest, nor shall they 
be subject to any civil process, during the session of the legislature, nor 
for fifteen days next before the commencement and after the termination 
of each session. 

10. A majority of each house shall constitute a quorum to do business ; 
but a smaller number may adjourn from day to day, and may compel 
the attendance of absent members, in such manner and under such pe- 
nalties as each house may provide. Each house shall choose its own 
officers. 

11, Each house shall determine the rules of its proceedings, and judge 
of the qualifications, elections, and returns of its own members; and may, 
with the concurrence of two-thirds of all the members elected, expel a 
member; but no member shall be expelled a second time for the same 
cause, nor for any cause known to his constituents antecedent to his 
election. 

12. Each house shall keep a journal of its proceedings, and publish 
the same, except such parts as may require secrecy; and the yeas and 
nays of the members of either house, on any question, shall, at the re- 
quest of one-fifth of the members present, be entered on the journal. 
Any member of either house shall have liberty to dissent from and pro- 
test against any act or resolution which he may think injurious to the 
public or an individual, and have the reasons of his dissent entered on 
the journal. 

13. In all elections by either or both houses, the votes shall be given 
viva voce ; and all votes on nominations made to the senate shall be: 
taken by yeas and nays, and published with the journals of its proceed- 
ings. 

14. The doors of each house shall be open, except when the public 
welfare shall require secrecy ; neither house shall, without the consent 
of the other, adjourn for more than three days, nor to any other place 
than that where the legislature may then be in session. 


MICHIGAN. 385 


15 Any bill may originate in either house of the legislature. 

16. Every bill passed by the legislature shall, before it becomes a law, 
ne presented to the governor; if he approve, he shall sign it; but if not, 
he shall return it, with his objections, to that house in which it originated, 
who shall enter the ebjections at large upon their journal, and proceed 
to reconsider it. If, after such reconsideration, two-thirds of all the mem- 
bers present agree to pass the bill, it shall be sent, with the objections, 
to the other house, by whom it shall likewise be reconsidered; and if 
approved also by two-thirds of all the members present in that house, it 
shall become a law; but in such cases, the votes of both houses shall be 
determined by yeas and nays, and the names of the members voting for 
or against the bill shall be entered on the journals of each house respect- 
ively. And if any bill be not returned by the governor within ten days, 
Sundays excepted, after it has been presented to him, the same shall be- 
come a law, in like manner as if he had signed it, unless the legislature, 
by their adjournment, prevent its return, in which case it shall not be- 
come a law. 

17. Every resolution to which the concurrence of the senate and 
house of representatives may be necessary, except in cases of adjourn- 
ment, shall be presented to the governor, and, before the same shall take 
effect, shall be proceeded upon in the same manner as in the case of a 
bill. 

18. The members of the legislature shall receive, for their services, a 
compensation to be ascertained by law, and paid cut of the public trea- 
sury ; but no increase of the compensation shall take effect during the 
term for which the members of either house shall have been elected ; and 
such compensation shall never exceed three dollars a day. 

19. No member of the legislature shall receive any civil appointment 
from the governor and senate, or from the legislature, during the term 
for which he is elected. 

20. The governor shall issue writs of election to fill such vacancies as 
may occur in the senate and house of representatives, 

21. The legislature shall meet on the first Monday in January in 
every year, and at no other period, unless otherwise directed by law, o1 
provided for in this constitution. 

22. The style of the laws of this state shall be—Be it enacted by the 
Senate and House of Representatives of the State of Michigan. 


ARTICLE 5, 
Executive Department. 


§ 1. The supreme executive power shall be vested in a governor, who 
shall hold his office for two years; and a lieutenant-governor shall be 

chosen at the same time and for the same term. 

2. No person shall be eligible to the office of governor or lieutenant- 
governor, who shall not have been five years a citizen of the United 
States, and a resident of this state two years next preceding the election. 

3. The governor and lieutenant-governor shall be elected by the elect- 
ors at the times and places of choosing members of the legislature. The 
persons having the highest number of votes for governor and lieutenant 
governor shall be elected; but in case two or more have an equal and 
the highest number of votes for governor or lieutenant-governor, the 

2K 


386 CONSTITUTION OF 


legislature shall by joint vote choose one of the said persons, so having 
an equal and the highest number of votes, for governor or lieutenant- 
governor. 

4, The returns of every election for governor and lieutenant-governor 
shall be sealed up and transmitted to the seat of government, by the 
returning officers, directed to the president of the senate, who shall open 
and publish them in the presence of the members of both houses. 

5. The governor shall be commander-in-chief of the militia, and of the 
arniy and navy of this state. 

6. He shall transact all executive business with the officers of govern- 
ment, civil and military ; and may require information, in writing, from 
the officers in the executive department, upon any subject relating to the 
duties of their respective offices. 

7. He shall take care that the laws be faithfully executed. 

8. He shall have power to ‘convene the legislature on extraordinary 
occasions. He shall communicate by message to the legislature, at 
every session, the condition of the state, and recommend such matters to 
them as he shall deem expedient. 

9. He shall have power to adjourn the legislature to such time as he 
may think proper, in case of a disagreement between the two houses 
with respect to the time of adjournment, but not to a period beyond the 
next annual meeting. . 

10. He may direct the legislature to meet at some other place than 
the seat of government, if that shall become, after its adjournment, dan- 
gerous from a common enemy or a contagious disease. 

11. He shall have power to grant reprieves and pardons after convic- 
tion, except in cases of impeachment. 

12, When any office, the appointment to which is vested in the go- 
vernor and senate, or in the legislature, becomes vacant during the recess 
of the legislature, the governor shall have power to fill such vacancy by 
granting a commission, which shall expire at the end of the succeeding 
session of the legislature. 

13. In case of the impeachment of the governor, his removal from 
office, death, resignation, or absence from the state, the powers and 
duties of the office shall devolve upon the lieutenant-governor until such 
disability shall cease, or the vacancy be filled. 

14, If, during the vacancy of the office of governor, the lieutenant- 
governor shall be impeached, displaced, resign, die, or be absent from the 
state, the president of the senate, pro tempore, shall act as governor, 
until the vacancy be filled. 

15, The lieutenant-governor shall, by virtue of his office, be presi- 
dent of the senate; in committee of the whole, he may debate on all 
questions; and, when there is an equal division, he shall give the cast- 
ing vote. 

16. No member of congress, nor any other person holding office 
under the United States, or this state, shall execute the office of governor. 

\'7. Whenever the office of governor or lieutenant-governor becomes. 
vacant, the person exercising the powers of governor for the time being 
shall give notice thereof, and the electors shall, at the next succeeding 
annual election for members of the legislature, choose a person to fill 
such vacancy. 


18. The governor shall, at. stated times, receive for his services a 


MICHIGAN. 387 


compensation, which shall neither be increased nor diminished during 
the term for which he has been elected. 

19. The lieutenant-governor, except when acting as governor, and 
the president of the senate, pro tempore, shall each receive the same 
compensation as shail be. allowed to the speaker of the house of repre- 
sentatives. ' 

20. A great seal for the state shall be provided by the governor, which 
shall contain the device and inscriptions represented and described in the 
papers relating thereto, signed by the president of the convention, and 
deposited in the office of the secretary of the territory. It shall be kept 
by the secretary of state; and all official acts of the governor, his appro- 
bation of the laws excepted, shall be thereby authenticated. 

21. All grants and commissions shall be in the name, and by the 
authority, of the people of the state of Michigan. 


ARTICLE 6, 
Judicial Department. 


§ 1. The judicial power shall be vested in one supreme court, and in 
such other courts as the legislature may from time to time establish. 

2. The judges of the supreme court shall hold their offices for the term 
of seven years; they shall be nominated, and by and with the advice 
and consent of the senate, appointed by the governor. They shall re- 
ceive an adequate compensation, which shall not be diminished during 
their continuance in office. But they shall receive no fees nor perquisites 
of office, nor hold any other office of profit or trust under the authority 
of this state, or of the United States. i 

3. A court of probate shall be established in each of the organized 
counties. 

4, Judges of all county courts, associate judges of circuit courts, and 
judges of probate shall be elected by the qualified electors of the county 
in which they reside, and shall hold their offices for four years. 

5. The supreme court shall appoint their clerk or clerks ; and the elect- 
ors of each county shall elect a clerk, to be denominated a county clerk, 
who shall hold his office for the term of two years, and shall perform the 
duties of clerk to all the courts of record to be held in each county, ex- 
cept the supreme court and court of probate. 

6. Each township may elect four justices of the peace, who shall hold 
their offices for four years; and whose powers and duties shall be defined 
and regulated by law. At their first election they shall be classed and 
divided by lot into numbers one, two, three, and four, to be determined 
in such manner as shall be prescribed by law, so that one justice shall 
be annually elected in each township thereafter. A removal of any jus- 
tice from the township in which he was elected shall vacate his office. 
In all incorporated towns, or cities, it shall be competent for the legisla- 
ture to increase the number of justices. 

7. The style of all process shall be “ In the name of the people of the 
state of Michigan ;” and all indictments shall conclude against the peace 
and dignity of the same. 
ARTICLE 7, 

Certain State and County Officers. 

§ 1. There shall be a secretary of state, who shall hold his office for 

two years, and who shall be appointed by the governor, by and with the 


388 CONSTITUTION OF 


advice and consent of the senate. He shall keep a fair record of the 
official acts of the legislative and executive departments of the govern- 
ment; and shall, when required, lay the same, and all matters relative. 
thereto, before either branch of the legislature; and shall perform such 
other duties as shall be assigned him by law. 

2. A state treasurer shall be appointed by a joint vote of the two 
houses of the legislature, and shall hold his office for the term of two 
years. 

3. There shall be an auditor-general and an attorney-general for the 
state, and a prosecuting attorney for each of the respective counties, who 
shall hold their offices for two years, and who shall be appointed by the 
governor, by and with the advice and consent of the senate, and 
whose powers and duties shall be prescribed by law. 

4. There shall be a sheriff, a county treasurer, and one or more coro- 
ners, a register of deeds, and a county surveyor, chosen by the electors 
in each of the several counties once in every two years, and as often as 
vacancies shall happen. The sheriff shall hold no other office, and shall 
not be capable of holding the office of sheriff longer than four in any 
term of six years: he may be required by law to renew his security 
from time to time, and in default of giving such security, his office shall 
be deemed vacant ; but the county shall never be made responsible for 
the acts of the sheriff, 


ARTICLE 8, 


Impeachments and Removals from Office. 


§ 1. The house of representatives shall have the sole power of im- 

peaching all civil officers of the state for corrupt conduct in office, or for 
crimes and misdemeanours; but a majority of all the’ members elected 
shall be necessary to direct an impeachment. 
, 2. All impeachments shall be tried by the senate. When the governor 
or lieutenant-governor shall be tried, the chief justice of the supreme 
court shall preside. Before the trial of an impeachment, the members of 
the court shall take an oath or affirmation truly and impartially to try 
and determine the charge in question according to the evidence ; and no 
person shall be convicted without the concurrence of two-thirds of the 
members present. Judgment, in cases of impeachment, shall not extend 
further than to removal from office ; but the party convicted shall be lia- 
ble to indictment and punishment according to law. 

3. For any reasonable cause, which shall not be sufficient ground for 
the impeachment of the judges of any of the courts, the governor shall 
remove any of them on the address of two-thirds of each branch of the 
legislature; but the cause or causes for which such removal may be 
required shall be stated at length in the address. 

4, The legislature shall provide by law for the removal of justices of 
the peace, and other county and township officers, in such manner and 
for such cause as to them shall seem just and proper, 


ARTICLE 9. 
Militia. 
§ 1. The legislature shall provide by law for organizing and disciplin- 
ing the militia, in such manner as they shall deem expedient, not incom- 
patible with the Constitution and laws of the United States. 


MICHIGAN. 389 


2. The legislature shall provide for the efficient discipline of the offi- 
cers, commissioned and non-commissioned, and musicians, and may pro- 
vide by law for the organization and discipline of volunteer companies. 

3. Officers of the militia shall be elected or appointed in such manner 
as the legislature shall from time to time direct, and shall be commissioned 
by the governor. 

4, The governor shall -have power to call forth the militia, to execute 
the laws of the state, to suppress insurrections, and repel invasions. 


ARTICLE 10, 
Education. 


§ 1. The governor shall nominate, and by and with the advice and 
consent of the legislature in joint vote, shall appoint a superintendent of 
public instruction, who shall hold his office for two years, and whose 
dutics shall be prescribed by law. 

2. The legislature shall encourage, by all suitable means, the promo- 
tion of intellectual, scientifical, and agricultural improvement. The pro- 
ceeds of all lands that have been or hereafter may be granted by the 
United States to this state, for the support of schools, which shall here- 
after be sold or disposed of, shall be and remain a perpetual fund; the 
interest of which, together with the rents of all such unsold lands, shall 
be inviolably appropriated to the support of schools throughout the state. 

3. The legislature shall provide for a system of common schools, by 
which a school shall be kept up and supported in each school district, at 
least three months in every year; and any school district neglecting to 
keep up and support such a school, may be deprived of its equal propor- 
tion of the interest of the public fund. 

4. As soon as the circumstances of the state will permit, the legislature 
shall provide for the establishment of libraries; one at least in each 
township; and the money which shall be paid by persons as an equiva- 
lent for exemption from military duty, and the clear proceeds of all fines 
assessed in the several counties for any breach of the penal laws, shall be 
exclusively applied to the support of said libraries. 

5. The Jegislature shall take measures for the protection, improvement, 
or other disposition of such lands as have been or may hereafter be re- 
served or granted by the United States to this state for the support of a 
university ; and the funds accruing from the rents or sale of such lands, 
or from any other source for the purpose aforesaid, shall be and remain a 
permanent fund for the support of said university, with such branches as 
the public convenience may hereafter demand for the promotion of lite- 
rature, the arts and sciences, and as may be authorized by the terms of 
such grant. And it shall be the duty of the legislature, as soon as may 
be, to provide effectual means for the improvement and permanent secu- 
rity of the funds of said university. 


ARTICLE LI. 
Prohibition of Slavery. 
§ 1. Neither slavery nor involuntary servitude shall ever be introducea 


into this state, except for the punishment of crimes of which the party 


shall have been duly convicted. 
2K 2 


390 CONSTITUTION OF 


ARTICLE 12, 
Miscellaneous Provisions. 
§ 1. Members of the legislature, and all officers, executive and judicial, 
except such inferior officers as may by law be exempted, shall, before 


they enter on the duties of their respective offices, take and subscribe the - 


following oath or affirmation: “I do solemnly swear, or affirm, (as the 
case may be,) that I will support the constitution of the United States, 
and the constitution of this state, and that I willfaithfully discharge the 
duties of the office of according to the best of my ability.” And 
no other oath, declaration, or test, shall be required as a qualification 
for any office or public trust. ; 

2. The legislature shall pass no act of incorporation, unless with the 
assent of at least two-thirds of each house. 

3. Internal improvement shall be encouraged by the government of 
this state ; and it shall be the duty of the legislature, as soon as may be, 
to make provision by law for ascertaining the proper objects of improve- 
ment in relation to roads, canals, and navigable waters; and it sball also 
be their duty to provide by law for an equal, systematic, and economical 
application of the funds which may be appropriated to these objects. 

4. No money shall be drawn from the treasury but in consequence of 
appropriations made by law; and an accurate statement of the receipts 
and expenditures of the public money shall be attached to and published 
with the laws annually. 

5. Divorces shall not be granted by the legislature ; but the legislature 
may by law authorize the higher courts to grant them, under such restric 
tions as they may deem expedient. 

6. No lottery shall be authorized by this state, nor shall the sale of 
lottery tickets be allowed. 

7. No county now organized by law shall ever be reduced, by the 
organization of new counties, to less than four hundred square miles. 

8. ‘The governor, secretary of state, treasurer, and auditor-general 
shall keep their offices at the seat of government. 

9. The seat of government for this state shall be at Detroit, or at such 
other place or places as may be prescribed by law, until the year eighteen 
hundred and forty-seven, when it shall be permanently located by the 
legislature. 

10. The first governor and lieutenant-governor shall hold their offices 
until the first Monday of January eighteen hundred and thirty-eight, and 
until others shall be elected and qualified ; and thereafter, they shall hold 
their offices for two years, and until their successors shall be elected and 
qualified. 

11. When a vacancy shall happen, occasioned by the death, resigna- 
tion, or removal from office of any person holding office under this state, 
the successor thereto shall hold his office for the period which his prede- 
cessor had to serve, and no longer, unless again chosen or reappointed. 

ARTICLE 13, 
Mode of amending and revising the Constitution. 

§ 1. Any amendment or amendments to this constitution may be pro- 
’ posed in the senate or house of representatives; and if the same shall be 
agreed to by a majority of the members elected to each of the two houses, 
such proposed amendment or amendments shall be entered on their jour- 


+) Serer eine 


bat Fine eS 


MICHIGAN. 391 


nals, with the yeas and nays taken thereon, and referred to the legislature 
then next to be chosen ; and shall be published for three months previous 
to the time of making such choice. And if in the legislature next chosen 
as aforesaid, such proposed amendment or amendments shall be agreed 
to by two-thirds of all the members elected to each house, then it shall 
be the duty of the legislature to submit such proposed amendment or 
amendments to the people, in such manner and at such time as the legis- 
lature shall prescribe; aud if the people shall approve and ratify such 
amendment or amendments, by a majority of the electors qualified to vote 
for members of the legislature, voting thereon, such amendment or 
amendments shall become part of the constitution. 

2. And if at any time two-thirds of the senate and house of represent- 
atives shall think it necessary to revise or change this entire constitution, 
they shall recommend to the electors, at the next election for members 
of the legislature, to vote for or against a convention ; and if it shall 
appear that a majority of the electors voting at such election have voted 
in favour of calling a convention, the legislature shall at its next session 
provide by law for calling a convention to be holden within six months 
after the passage of such law; and such convention shall consist of a 
number of members not less than that of both branches of the legislature. 


SCHEDULE. 


§ 1. That no inconvenience may arise from a change of the territorial 
government to.a permanent state government, it is declared that all writs, 
actions, prosecutions, contracts, claims, and rights, of individuals and of 
bodies corporate, shall continue as if no change had taken place in this 
government; and all process which may, before the organization of the 
judicial department under this constitution, be issued under the authority 
of the territory of Michigan, shall be as valid as if issued in the name of 
the state. 

2. All laws now in force in the territory of Michigan, which are not 
repugnant to this constitution, shall remain in force until they expire by 
their own limitations, or be altered or repealed by the legislature. 

3. All fines, penalties, forfeitures, and escheats, accruing to the terri- 
tory of Michigan, shall accrue to the use of the state. 

4, All recognisances heretofore taken, or which may be taken before 
the organization of the judicial department under this constitution, shall 
remain valid, and shall pass over to, and may be prosecuted in the name 
of, the state.. And all bonds executed to the governor of this territory, 
or to any other officer in his official capacity, shall pass over to the go- 
vernor or other proper state authority, and to their successors in office, 
for the uses therein respectively expressed, and may be sued for and 
recovered accordingly. All criminal prosecutions and penal actions, 
which have arisen, or which may arise before the organization of the 
judicial department under this constitution, and which shall then be de- 
pending, may be prosecuted to judgment and execution in the name of 
the state. 

5. All officers, civil and military, now holding their offices and ap- 
pointments in this territory under the authority of the United States, or 
under the authority of this territory, shall continue to hold and exercise 


392 CONSTITUTION OF 


their respective offices and appointments until superseded under this 
constitution. 

6. The first election for governor, lieutenant-governor, members of the 
state legislature, and a representative in the congress of the United States, 
shall be held on the first Monday in October next, and on the succeeding 
day. And the president of the convention shall issue writs to the she- 
riffs of the several counties or districts, or in case of vacancy, to the 
coroners, requiring them to cause such election to be held on the days 
aforesaid, in their respective counties or districts. The election shall be 
conducted in the manner prescribed, and by the township officers desig- 
nated as inspectors of elections, and the returns made as required, by the 
existing laws of the territory, or by this constitution: Provided, however, 
that the returns of the several townships in the district composed of the 
unorganized counties of Ottawa, Ionia, Kent, and Clinton, shall be made 
to the clerk of the township of Kent in said district, and the said town- 
ship clerk shall perform the same duties, as, by the existing laws of the 
territory, devolve upon the clerks of the several counties in similar cases. 

7. The first meeting of the legislature shall be at the city of Detroit, 
on the first Monday in November next, with power to adjourn to any 
other place. 

8. All county and township officers shall continue to hold their re- 
spective offices, unless removed by the competent authority, until the legis- 
lature shall, in conformity to the provisions of this constitution, provide 
for the holding of elections to fill such offices respectively. 

9. This constitution shall be submitted, at the election to be held on 
the first Monday in October next, and on the succceding day, for ratifica- 
tion or rejection, to the electors qualified by this constitution to vote at 
all elections; and if the same be ratified by the said electors, the same 
shall become the constitution of the state of Michigan. At the election 
aforesaid, on such of the ballots as are for the said constitution, shall be 
written or printed the word “yes,” and on those which are against the 
ratification of said constitution, the word “no.” And the returns of the 
votes on the question of ratification or rejection of said constitution, shall 
be made to the president of this convention at any time before the first 
Monday in November next, and a digest of the same communicated by 
him to the senate and house of representatives on that day. 

10. And if this constitution shall be ratified by the people of Michi- 
gan, the president of this convention shall, immediately after the same 
shall be ascertained, cause a fair copy thereof, together with an authenti- 
cated copy of the act of the legislative council, entitled, “ An act to enable 
the people of Michigan to form a constitution and state government,” 
approved January 26, 1835, providing for the calling of this convention, 
and also a copy of so much of the last census of this territory as exhibits 
the number of the free inhabitants of that part thereof which is comprised 
within the limits in said constitution defined as the boundaries of the 
proposed state of Michigan, to be forwarded to the president of the 
United States, together with an expression of the decided opinion of this 
convention, that the number of the free inhabitants of said proposed state 
now exceeds the number requisite to constitute two congressional dis- 
tricts, and the respectful request of this convention, in behalf of the peo- 
ple of Michigan, that all said matters may be by him laid before the 
congress of the United States at their next session. 


‘MICHIGAN. ..- 393 


11. In case of the failure of the president of this convention to perform 
the duties prescribed by this constitution, by reason of his absence, death, 
or from any other cause, said duties shall be performed by the secretaries 
of this convertion. 

12. Until the first enumeration shall be made as directed by this con- 
stitution, the county of Wayne shall be entitled to eight representatives ; 
the county of Monroe to four representatives ; the county of Washtenaw 
to seven representatives; the county of St. Clair to one representative ; 
the county of St. Joseph to two representatives; the county of Berrien 
to one representative; the county of Calhoun to one representative ; the 
county of Jackson to one representative; the county of Cass to two 
representatives; the county of Oakland to six representatives; the 
county of Macomb to three representatives ; the county of Lenawee to 
four representatives; the county of Kalamazoo, and the unorganized 
counties of Allegan and Barry, to two representatives; the county of 
Branch to one representative ; the county of Hillsdale to one representa- 
tive ; the county of Lapeer to one representative ; the county of Saginaw, 
' and the unorganized counties of Genesee and Shiawasse, to one repre- 
sentative ; the county of Michilimackinac to one representative ; the 
county of Chippewa to one representative ; and the unorganized counties 
of Ottawa, Kent, Ionia, and Clinton, to one representative. 

And for the election of senators the state shall be divided into five dis- 
tricts, and the apportionment shall be as follows: The county of Wayne 
shall compose the first district, and elect three senators; the counties of 
Monroe and Lenawee shall compose the second district, and elect three 
senators; the counties of Hillsdale, Branch, St. Joseph, Cass, Berrien, 
Kalamazoo, and Calhoun shall compose the third district, and elect three 
senators; the counties of Washtenaw and Jackson shall compose the 
fourth district, and elect three senators; and the counties of Oakland, 
Lapeer, Saginaw, Macomb, St. Clair, Michilimackinac, and Chippewa 
shall compose the fifth district, and elect four senators. 

Any country attached to any county for judicial purposes, if not other- 
wise represented, shall be considered as forming part of such county, so 
far as regards elections for the purpose of representation in the legislature. 

JOHN BIDDLE, President. 


John Norvell, Orin Howe, 
John M’Donell, Emanuel Case, 
John R. Williams, KB. Mundy, 
Alpheus White, Orrin White, 
Amos Stevens, Isaac Voorheis, 
Conrad Ten Eyck, Randolph Manning, 
Lewis Beavfait, Seneca Newberry, 
Peter Van Every, Joshua B. Taylor, 
J. D. Davis, Elijah Cook, 
Caleb Herrington, Ebenezere Raynal, 
Ammon Brown, John Ellenwood, 
Theophilus E. Tallman, Jeremiah Riggs, 
George W. Ferrington, Benjamin B. Mornis, 
- Asa H. Otis, William Patrick, 
Ch. F. Irwin, Jonathan Chase, 
Wm. Woodbridge, Samuel White, 


Edward D. Ellis, Thomas Curtis, 


CONSTITUTION OF 


James J. Godfroy, 
Peter P. Ferry, 
Robert McClelland, 
David White, 
-Eliphalet Clark, 
Samuel Ingersoll, 
Lemuel Colbath, 

J. V. D. Sutphen, 
Ross Wilkins, 
Selleck C. Boughton, 
Allen Hutchins, 
John J. Adam, 
Joseph Howell, Jr, 
Joseph H, Patterson, 
Darius Comstock, 
Alexander R. Tiffany, 
Gilbert Shattuck, 
Abel Godard, 
William Moore, 
Robert Purdy, 

John Brewer, 
Alpheus Collins, 

M. P. Stubbs, 


Norman Davison, 
Samuel Axford, 
Ephraim Calkin, 
Jacob Tucker, 

John S. Axford, 
Henry Porter, 
Solomon Porter, 
John Clarke, 

Ralph Wadhams, 
Townsend E, Gidley, 
Roswell B. Rexford, 
Lewis T. Miller, 
Isaac E. Crary, 
Ezra Convis, 
Lucius Lyon, 
William H. Welch, 
Hezekiah G. Wells, 
James Newton, 
James Odell, 
Baldwin Jenkins, 
John S. Barry, 
Hubbell Loomis, 
Martin G. Shellhouse, 


Richard Brower, 
Rufus Crossman, 
Nathaniel Noble, 
Russell Briggs, 


Titus B. Willard, 
Elijah Lacy, 
Michael Dousman, 
Bela Chapman. 


ORDINANCE, 


Be it ordained by the convention assembled to form a constitution for the 
state of Michigan, in behalf, and by authority of the people of said 
state, that the following propositions be submitted to the congress of 
the United States, which, if assented to by that body, shall be obliga- 
tory on this state. 

Ist. Section numbered sixteen in every surveyed township of the pub- 
lic lands, and where such section has been sold or otherwise disposed of, 
other lands equivalent thereto, and as contiguous as may be, shall be 
granted to the state for the use of schools. 

2d. The seventy-two sections of land set apart and reserved for the use 
and support of a university, by an act of congress approved on the twen- 
tieth day of May, eighteen hundred and twenty-six, entitled “An act 
concerning a seminary of learning in the territory of Michigan,” shall, 
together with such further quantities as may be agreed upon by congress, 
be conveyed to the state, and shall be appropriated solely to the use and 
support of such university, in such manner as the legislature may pre- 
scribe. 

3d. Four entire sections of land, to be selected under the direction of 
the legislature, from any of the unappropriated lands belonging to the 
United States, shall be granted to the state for its use in establishing a 
seat of government. 


Ee ee oe 


ARKANSAS. 395 


4th. Seven hundred sections of the unappropriated public lands lying 
within this state, shall be designated, under the direction of the legisla- 
ture, and granted to the state for the purposes of internal improvement. 
Said lands, or the proceeds of the sale thereof, shall be appropriated to 
aid the state in constructing one or more railroads or canals across the 
peninsula, from Lake Erie or Detroit River to Lake Michigan, and also 
to aid in the construction of such other roads and canals, and in the 
improvement of such rivers, as the legislature may designate. And five 
per cent. of the nett proceeds of the sale of all lands lying within the 
territory or state, which shall be sold by congress from and. after the first 
day of January, eighteen hundred and thirty-six, after deducting all ex- 
penses incident to the same, shall also be appropriated, two-fifths thereof 
for the purposes before described in this proposition, and three-fifths for 
the encouragement of learning. 

5th. All salt springs within the state, and the lands reserved for the 
use of the same, at least one section incituding each spring, shall be 
granted to the state, to be used or disposed of as the legislature may 
direct. 

6th. The roads commenced in this state, for the construction of which 
appropriations have been made by congress, shall be completed and put 
in repair at the expense of the United States. 

7th. The first senators and representative or representatives elected to 
congress from this state, are hereby authorized and empowered to make 
or assent to such other propositions, or to such variations of the proposi- 
tions herein made, as the interests of the state may require; and any 
such changes or new propositions, when approved by the legislature, shall 
be as obligatory as if the assent of this convention were given thereto ; 
and all stipulations entered into by the legislature in pursuance of the 
authority herein conferred, shall be considered articles of compact between 
the United States and this state; and the legislature is hereby further 
aathorized to declare, in behalf of the people of Michigan, if such decla- 
ration be proposed by congress, that they will never interfere with the 
primary disposal, under the authority of the United States, of the vacant 
lands within the limits of this state. 

JOHN BIDDLE, President. 


Cuartes W. Asgiibtigst Le ee 


Mansuat J. Bacon, 


CONSTITUTION OF ARKANSAS. 


We, the people of the territory of Arkansas, by our representatives, 
in convention assembled, at Little Rock, on Monday, the 4th of January, 
A. D. 1836, and of the independence of the United States the sixtieth 
year, having the right of admission into the union as one of the United 
Stsies of ‘America; consistent with the federal constitution, and by virtue 
of the treaty of cession, by France to the United States, of the province 
of Louisiana, in order to secure to ourselves and our posterity the enjoy- 


396 CONSTITUTION OF 


ment of all the rights of life, liberty, and property, and the free pursuit 
of happiness, do mutually agree with each other to form ourselves into a 
free and independent state, by the name and style of “ The stale of 
Arkansas,” and do ordain and establish the following constitution for 
the government thereof: 


ARTICLE l. 
Of Boundaries. 


We do declare and establish, ratify and confirm, the following as the 
permanent boundaries of said state of Arkansas, that is to say; Begin- 
ning in the main channel of the Mississippi river, on the parallel of 
thirty-six degrees north latitude; running from thence west, with the 
said parallel of latitude, to the St. Francis river; thence up the middle 
of the main channel of said river to the parallel of thirty-six degrees 
thirty minutes north; from thence west, to the south-west corner of the 
state of Missouri; and thence to be bounded on the west, to the north 
bank of Red river, as by acts of congress and treaties heretofore defining 
the western limits of the territory of Arkansas; and to be bounded on 
the south side of Red river by the Mexican boundary line, to the north- 
west corner of the state of Louisiana; thence east, with the Louisiana 
state line, to the middle of the main channel of the Mississippi river ; 
thence up the middle of the main channel of said river to the thirty-sixta 
degree of north latitude, the point of beginning. 


ARTICLE 2, 
Declaration of Rights. 


That the great and essential principles of liberty and free government 
may be recognised and unalterably established, we DECLARE: 

§ 1. That all freemen, when they form a social compact, are equal, 
and have certain inherent and indefeasible rights, ameng which are those 
of enjoying and defending life and liberty ; of acquiring, possessing, and 
protecting property and reputation; and of pursuing their own happi- 
ness. 

2. That all power is inherent in the people; and all free governments 
are founded on their authority, and instituted for their peace, safety, and 
happiness. For the advancement of these ends, they have, at all times, 
an unqualified right to alter, reform, or abolish their government, in such 
manner as they may think proper. 

3. That all men have a natural and indefeasible right to worship Al- 
mighty God according to the dictates of their own consciences; and 
no man can of right be compelled to attend, erect, or support any place 
of worship, or to maintain any ministry, against his consent. ‘That no 
human authority can, in any case whatever, interfere with the rights 
of conscience; and that no preference shall ever be given to any religious 
establishment or mode of worship. 

4, That the civil rights, privileges, or capacities of any citizen shall in 
nowise be diminished or enlarged, on account of his religion. 

5, That all elections shall be free and equal. 

6. That the right of trial by jury shall remain inviolate. 

7. That printing presses shall be free to every person; and no lav 
shall ever be made to restrain the rights thereof. ‘The free communica 
tion of theughts and opinions is one of the invaluable rights of man 


ARKANSAS,“ 397 


and every citizen may freely speak, write, and print, on any subject 
being responsible for the abuse of that liberty. 

8. In prosecutions for the publication of papers investigating the offi- 
cial conduct of officers or men in public capacity, or where the matter 
published is proper for public information, the truth thereof may be given 
in evidence; and in all indictments for libels, the jury may have the 
right to determine the law and the facts. 

9. That the people shall be secure in their persons, houses, papers, 
and possessions, from unreasonable searches and seizures; and that ge- 
neral warrants, whereby any officer may be commanded to search sus- _ 
pected places, without evidence of the fact committed, or to seize any 
person or persons not named, whose offences are not particularly de- 
scribed, and supported by evidence, are dangerous to liberty, and shall 
not be granted. 

10. That no freeman shall be taken or imprisoned, or disseised of his 
freehold, liberties, er privileges, or outlawed, or exiled, or in any manner 
destroyed or deprived of his life, liberty, or property, but by the judgment 
of his peers, or the law of the land. 

11, That in all criminal prosecutions, the accused hath a right to be 
heard, by himself and counsel; to demand the nature and cause of the 
accusation against him, and to have a copy thereof; to mect the wit- 
nesses face to face ; to have compulsory process for obtaining witnesses 
in his favour; and, in prosecutions by indictment or presentment, a 
speedy public trial, by an impartial jury of the county or district in 
which the crime shall have been committed ; and shall not be compelled 


_to give evidence against himself. 


12, That no person shall, for the same offence, be twice put in jeopardy 
of life or limb. 

13. That all penalties shall be reasonable, and proportioned to the 
nature of the offence. , 

14. That no man shall be put to answer any criminal charge, but by 
presentment, indictment, or impeachment. 

15. That no conviction shall work corruption of blood, or forfeiture of 
estate. 

16. That all prisoners shall be bailable by sufficient securities, unless 
in capital offences, where the proof is evident, or the presumption great ; 
and the privilege of the writ of habeas corpus shall not be suspended, 
unless where, in case of rebellion or invasion, the public safety may 
require it. 

17. That excessive bail shall in no case be required, nor excessive 
fines imposed. 

18. That, no cx post facto law, nor any law impairing the obligation 
of contracts, shall ever be made, 

-19. That perpetuities. and monopolies are contrary to the genius of a 
republic, and shall not be allowed; nor shall any hereditary emoluments, 
privileges, or honours ever be granted or conferred in this state. 

20. That the citizens have a right, in a peaceable manner, to assemble 
together for their common good, to instruct their representatives, and 
apply to those invested with the power of government for redress of 
grievances, or other proper purposes, by address or remonstrance. _ 

21. That the free white men of this state shall have a right to keep 
and to bear arms for their common defence. 

2L 


398 CONSTITUTION OF 


22, That no soldier shall, in time of peace, be quartered in any house, 
without the consent of the owner; nor, in time of war, but in a manner 
prescribed by law. 

23. The military shall be kept in strict subordination to the civil 
power. 

24, This enumeration of rights shall not be construed to deny or dis- 
parage others retained by the people ; and, to guard against any encroach- 
ments on the rights herein retained, or any transgression of any of the 
higher powers herein delegated, we declare, that every thing in this arti- 
cle is excepted out of the general powers of government, and shall for 
ever remain inviolate; and that all laws contrary thereto, or to the other 
provisions herein contained, shall be void. 


ARTICLE 3. 


§ 1. The powers of the government of the state of Arkansas shall be 
divided into three distinct departments, each of them to be confided to a 
separate body of magistracy, to wit: those which are legislative, to one; 
those which are executive, to another; and those which are judicial, to 
another, 

2. No person, or collection of persons, being of one of these depart- 
ments, shall exercise any power properly belonging to either of the 
others; except in the instances herein after expressly directed or per- 
mitted. 

ARTICLE 4, 
Legislative Department. 

§ 1. The legislative power of this state shall be vested in a general 

assembly, which shail consist of a senate and house of representatives. 


Qualifications of Electors. 


2, Every free white male citizen of the United States, who shall have 
attained the age of twenty-one years, and who shall have been a citizen 
of this state six months, shall be deemed a qualified elector, and be en- 
titled to vote in the county or district where he actually resides, for each 
and every office made elective under this state or the United States: 
Provided, that no soldier, seaman, or marine in the army or navy of the 
United States, shall be entitled to vote at any election within this state. 


Time of choosing Representatives. 


3. The house of representatives shall consist of members to be chosen 
every second year by the qualified electors of the several counties. 


Qualifications of a Representative. . 


4. No person shall be a member of the house of representatives, who 
shall not have attained the age of twenty-five years; who shall not be a 
free white male citizen of the United States; who shall not, at the time’ 
of his election, have an actual residence in the county he may be chosen 
to represent. 

Qualifications of a Senator. 

5. The senate shall consist of members to be chosen every four years 
by the qualified electors of the several districts. 

6. No person shall be a senator who shall not have attained the age 
of thirty years; who shall not be a free white male citizen of the United 


ARKANSAS, 399 


States; who shall not have been an inhabitant of this state one year ; 
and who shall not, at the time of his election, have an actual residence 
in the district he may be chosen to represent. 


Meeting of the General Assembly. 


7. The general assembly shall meet every two years, on the first 
Monday of November, at the seat of government, until altered by law. 


The Mode of Election, and Time, and Privilege of Electors. 

8. All general elections shall be viva voce, until otherwise directed by 
law, and shall commence and-be holden every two years, on the first 
Monday in October, until altered by law; and the electors, in all cases 
except in cases of treason, felony, and breach of the peace, shall be pri- 
vileged from arrest during their attendance on elections, and in going to 
and returning therefrom. 

Duty of Governor. 
9. The governor shall issue writs of election, to fill such vacancies 
as'shall occur in either house of the general assembly. 

10. No judge of the supreme, circuit, or inferior courts of law or 
equity, secretary of state, attorney for the United States, state auditor 
or treasurer, register or recorder, clerk of any court of record, sheriff, 
coroner, member of congress, nor any other person holding any lucrative 
office under the United States, or this state, (militia officers, justices of 
the peace, postmasters, and judges of the county courts, excepted,) shall 
be eligible to a seat in either house of the general assembly. 

11, No person who now is, or shall be hereafter, a collector or holder 
of public money, nor any assistant or deputy of such holder or collector 
of public money, shall be eligible to a seat in either house of the general 
assembly, nor to any oftice of profit or trust, until he shall have account- 
ed for and paid over all sums for which he may have been liable. 

12, The general assembly shall exclude from every office of trust 
and profit, and from the right of suffrage within this state, all persons 
convicted of bribery, perjury, or other infamous crime. . 

13. Every person who shall have been convicted of directly or indi- 
rectly giving or offering any bribe, to procure his election or appoint- 
ment, shall be disqualified from holding any office of trust or profit in 
this state; and any person who shall give or offer any bribe to procure 
the election or appointment of any person, shall, on conviction thereof, 
be disqualified from being an elector, or from holding any office of trust 
or profit under this state. 

14, No senator or representative shall, during the term for which he 
shall have been elected, be appointed to any civil office under this state, 
which shall have been created, or the emoluments of which shall have 
been increased, during his continuance in office; except such offices as 
shall be filled by the election of the people. 

15. Each house shall appoint its own officers, and shall judge of the 
qualifications, returns, and elections of its own members.” T'wo-thirds 
of each house shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and compel the attendance of 
absent members, in such manner and under such penalties as each house 
shall provide. f 

16. Each house may determine rules of its own proceedings, punish 


400 CONSTITUTION OF 


its own members for disorderly behaviour, and, with the concurrence 
of two-thirds of the members elected, expel a member; but no member 
shall be expelled a second time for the same offence. They shall each, 
from time to time, publish a journal of their proceedings, except such 
parts as may, in their opinion, require secrecy ; and the yeas and nays 
on any question shal] be entered on the journal at the desire of any five 
members. 

17. The door of each house, when in session, or in committee of the 
whole, shall be kept open, except in cases which may require secrecy : 
and each house may punish, by fine and imprisonment, any person, not 
a member, who shall be guilty of disrespect. to the house, by any disor- 
derly or contemptuous behaviour in their presence during their session ; 
but such imprisonment shall not extend beyond the final adjournment 
of that session. 

18, Bills may originate in either house, and be amended or rejected 
in the other; and every bill shall be read on three different days in each 
house, unless two-thirds of the house where the same is pending shall 
dispense with the rules; and every bill having passed both houses shall 
be signed by the president of the senate and the speaker of the house 
of representatives. 

19. Whenever an officer, civil or military, shall be appointed by the 
joint or concurrent vote of both houses, or by the separate vote of either 
house, of the general assembly, the vote shall be given viva voce, and 
entered on the journal. 

20. ‘The senators and representatives shall, in all cases, except treason, 
felony, or breach of the peace, be privileged from arrest during the ses- 
sion of the general assembly, and for fifteen days before the commence- 
ment and after the termination of each session; and for any speech or 
debate in either house, they shall not be-questioned in any other place. 

21. The members of the general assembly shall severally receive from 
the public treasury compensation for their services, which may be in- 
creased or diminished ; but no alteration of such compensation of mem- 
bers shall take effect during the session at which it is made. 


The Manner of bringing Suits against the State. 

22. The general assembly shall direct, by law, in what courts and in 
what manner suits may be commenced against the state. 

23. They shall have power to pass all laws that are necessary to pro- 
hibit the introduction in this state of-any slave or slaves who may have 
committed any high crime in any other state or territory. 

24, The general assembly shall not have power to pass any bill of 
divorce ; but may prescribe by law the manner in which such cases shall 
he investigated in the courts of justice, and divorces granted. 

25. ‘The general assembly shall have power to prohibit the introduc- 
tion of any slave or slaves for the purpose of speculation, or as an article 
of trade and merchandise; to oblige the owners of any slave or slaves to 
treat them with humanity; and in the prosecution of slaves for any 
crime, they shall not be deprived of an impartial jury ; and any slave 
who shall be convicted of a capital offence shall suffer the same degree 
of punishment as would be inflicted on a free white person, and no other; 
and courts of justice, before whom slaves shall be tried, shall assign 
them counsel for their defence, . 


ARKANSAS. 401 


26 The governor, secretary of state, auditor, treasurer, and all the 
judges of the supreme, circuit, and inferior courts of law and equity, and 
the prosecuting attorney for the state, shall be liable to impeachment for 
any malpractice or misdemeanour in office; but judgment in such cases 
shall not extend farther than removal from office, and disqualification to 
hold any office of honour, trust, or profit, under this state. The party 
impeached, whether convicted or acquitted, shall nevertheless be liable 
to be indicted, tried, and punished, according to law. 

27. The house of representatives shall have the sole power of impeach- 
ment; and all impeachments shall be tried by the senate; and when sit- 
ting for that purpose, the senators shall be on oath or affirmation to do 
justice according to law and evidence. When the governor shall be 
tried, the chief justice of the supreme court shall preside; and no person 
shall be convicted without the concurrence of two-thirds of all the sena-_ 
tors elected; and for reasonable cause, which shall not be sufficient 
ground of impeachment, the governor shall, on the joint address of two- 
thirds of each branch of the general assembly, remove from oflice the 
judges of the supreme and inferior courts: Provided, the cause or 
causes of removal be spread on the journals, and the party charged be 
notified of the same, heard by himself and counsel, before the vote is 
finally taken and decided. 

28. The appointment of all officers not otherwise directed by this 
constitution, shall be made in such manner as may be prescribed by 
law ; and all officers, both civil and military, acting under the authority 
of this state, shall, before entry on the duties of their respective offices, 
take an oath or affirmation to support the constitution of the United 
States, and of this state, and to demean themselves faithfully in office. 

29. No county now established by law shall ever be reduced, by the 
establishment of any new county or counties, to less than nine hundred 
square miles, nor to a less population than its ratio of representation in 
the house of representatives; nor shall any county be hereafter established 
which shall contain less than nine hundred square miles, (except Wash- 
ington county, which may be reduced to six hundred square miles,) or a 
less population than would entitle such county to a member in the house 
of representatives. 

30. The style of the laws of the state shall be, “Be if enacted by the 
general assembly of the state of Arkansas.” 

3]. The state shall, from time to time, be divided into convenient dis- 
tricts, in such manner that the senate shall be based upon the free white 
male inhabitants of the state, each senator representing an equal number, 
as nearly as practicable ; and until the first enumeration of the inhabit- 
ants is taken, the districts shall be arranged as follows: 

The county of Washington shall compose one district, and elect two 
senators ; 

The counties of Carroll, Searcy, and Izard shall compose one district, 
and elect one senator ; 

The counties of Independence and Jackson shall compose one district, 
and elect one senator ; 

The counties of Lawrence and Randolph shall compose one district, 
and elect one senator ; 

The counties of Johnson and Pope shall Jind one district, and 
elect one senator ; 

Z2L2 


402 CONSTITUTION OF 


The counties of Crawford and Scott shall compose one district, and 
elect one senator; 

The counties of Conway and Van Buren shall compose one district, 
and elect one senator ; 

The counties of Pulaski, White, and Saline shall compose one dis- 
trict, and elect one senator ; 

The counties of Hot Spring, Clark, and Pike shall compose one dis- 
trict, and elect one senator ; 

The counties of Hempstead and Lafayette shall compose one district, 
and elect one senator ;- 

The counties of Sevier and Miller shall compose one district, and elect 
one senator ; 

The counties of Chicot and Union shall compose one district, and 
elect one senator ; 

The counties of Arkansas and Jefferson shall compose one district, 
and elect one senator ; 

The counties of Phillips and Monroe shall compose one district, and 
elect one senator ; 

The counties of St. Francis and Greene shall compose one district, 
and elect one senator ; , 

The counties of Crittenden and Mississippi shall compose one district, 
and elect one senator; 

And the senate shall never consist of less than seventeen nor more 
than thirty-three members; and as soon as the senate shall meet after 
the first election to be held under the constitution, they shall cause the 
senators to be divided by lot, into two classes, nine of the first class and 
eight of the second class; and the seats of the first class shall be vacated 
at the end of two years from the time of their election, and the seats of 
the second class at the end of four years from the time of their election ; 
in order that one class of the senators may be elected every two years. 

32. An enumeration of the inhabitants of the state shall be taken 
under the direction of the general assembly, on the first day of. January, 
one thousand eight hundred and thirty-eight, and at the end of every 
four years thereafter ; and the general assembly shall, at the first session 
after the return of every enumeration, so alter and arrange the senatorial 
districts, that each district shall contain, as nearly as practicable, an equal 
number of free white male inhabitants: Provided, that Washington 
county, as long as the population shall justify the same, may, according 
to its numbers, elect more than one senator; and such districts shall 
then remain unaltered, until the return of another enumeration; and 
shall, at all times, consist of contiguous territory, and no county shall be 
divided in the formation of a senatorial district. 

33. The ratio of representation in the senate shall be fifteen huridred 
free white male inhabitants to each senator, until the senators amount to 
twenty-five in number; and then they shall be equally apportioned upon 
the same basis throughout the state, in such ratio as the increased num- 
bers of free white male inhabitants may require, without increasing the 
senators to a greater number than twenty-five, until the population of the 
state amounts to five hundred thousand souls; and when an increase of 
senators takes place, they shall, from time to time, be divided by lot, and 
classed as prescribed above. 

3d. ‘Phe house of representatives shall consist of not Jess than fifty-four 


ARKANSAS, 403 


nor more than one hundred representatives, to be apportioned among the 
several counties in this state, according to the number of free white male 
inhabitants therein, taking five hundred as the ratio, until the number 
of representatives amount to seventy-five; and when they amount to 
seventy-five, they shall not be farther increased until the population of 
the state amounts to five hundred thousand souls: Provided, that each 
county now organized shall, although its population may not give the 
existing ratio, always be entitled to one representative; and until the 
first enumeration shall be taken, the representatives shall be apportioned 
among the several counties as follows: 

The county of Washington shall elect six representatives. 

The county of Scott shall elect one representative. 

The county of Johnson shall elect two representatives. 

The county of Pope shall elect two representatives, 

The county of Conway shall elect one representative. 

The county of Van Buren shall elect one representative. 

The county of Carroil shall elect two representatives. 

The county of Searcy shall elect one representative, 

The county of Izard shall elect one representative. 

The county of Independence shall elect two representatives. 

The county of Crawford shall elect three representatives. 

The county of Jackson shall elect one representative. 

The county of Lawrence shall elect two representatives, 

The county of Randolph shall elect two representatives, 

The county of White shall elect one representative. 

The county of Pulaski shall elect two representatives. 

The county of Hot Spring shall elect one representative. 

The county of Saline shall elect one representative. 

The county of Clark shall elect one representative. 

The county of St. Francis shall elect two representatives, 

The county of Pike shall elect one representative. 

The county of Hempstead shall elect two representatives, 

The county of Miller shall elect one representative. 

The county of Sevier shall elect one representative. 

The county of Union shall elect one representative. 

The county of Chicot shall elect two representatives. 

The county of Arkansas shall elect one representative. 

The county of Jefferson shall elect one representative. 

The county of Monroe shall elect one representative. 

The county of Phillips shall elect two representatives. 

The county of Greene shall elect one representative. 

The county of Crittenden shall elect one representative. 

The county of Mississippi shall elect one representative. 

And at the first session of the legislature, after the return of every 
enumeration, the representatives shall be equally divided and reappor- 
tioned among the several counties, according to the number of free white 
males in each county, as above prescribed. 


Mode of amending the Constitution. 
35. The general assembly may at any time propose such amendments 
to this constitution as two-thirds of each house shall deem expedient, 
which shall be published in all the newspapers published in this state, 


. 404 CONSTITUTION OF 


three several times, at least twelve months before the next general elec- 
tion ; and if, at the first session of the general assembly, after such general 
election, two-thirds of each house shall, by yeas and nays, ratify such 
proposed amendments, they shall be valid to all intents and purposes, 
as parts of this constitution: Provided, that such proposed amendments 
shall be read on three several days in each house, as well when the 
same are proposed as when they are finally ratified. 


ARTICLE 5, 
Executive Department. 


1, The supreme executive power of this state shall be vested in a 
chief magistrate, who shall be styled the governor of the state of Arkansas. 

2. The governor shall be elected by the qualified electors, at the time 
and places where they shall respectively vote for representatives. 

3. The returns of every.election for governor shall be sealed up and 
transmitted to the speaker of the house of representatives, who shall, 
during the first week of the session, open and publish them, in the pre- 
sence of both houses of the general assembly. The person having the 
highest number of votes shall be governor; but if two or more shall be 
equal and highest in votes, one of them shall be chosen governor by the 
joint vote of both houses. Contested elections for governor shall be 
determined by both houses of the general assembly, in such manner as 
shall be prescribed by law. 

4, The governor shall hold his office for the term of four years from 
the time of his installation, and until his successor shall be duly qualified ; 
but shall not be eligible for more than eight years in any term of twelve 
years. He shall be at least thirty years of age, a native born citizen of 
Arkansas, or a native born citizen of the United States, or a resident of 
Arkansas ten years previous to the adoption of the constitution, if not a 
native of the United States; and shall have been a resident of the same 
at least four years next before his election. 

5. He shall at stated times receive a compensation for his services, 
which shall not be increased or diminished during the term for which he 
shall have been elected; nor shall he receive, within that period, any 
other emolument from the United States, or any one of them, or from 
any foreign power. 

6. He shall be commander-in-chief of the army of this state, and of 
the militia thereof, except when they shall be called into the service of 
the United States. 

7. He may require information in writing from the officers of the 
executive department, on any subject relating to the duties of their re- 
spective officcs, 

8. He may, by proclamation, on extraordinary occasions, convene the 
general assembly at the seat of government, or at a different place if that 
shall have become, since their last adjournment, dangerous from an enemy 
or from contagious diseases. In case of disagreement between the two 
houses with respect to the time of adjournment, he may adjourn them 
to such time as he shall think proper, not beyond the day of the next 
meeting of the general assembly. 

9. He shall, from time to time, give the general assembly information 


ARKANSAS, 405 


of the state of the government, and recommend to their consideration 
such measures as he may deem expedient. 

10. He shall take care that the laws be faithfully executed. 

11. In all criminal and penal cases, except in those of treason and 
impeachment, he shall have power to grant pardons after convictions, 
and remit fines and forfeitures, under such rules and regulations as shall 

be prescribed by law. In cases of treason, he shall have power, by and 
with the advice and consent of the senate, to grant reprieves and par- 
dons; and he may, in the recess of the senate, respite the sentence until 
the end of the next session of the general assembly. 

12. There shall be a seal of this state, which shall be kept by the go- 
vernor, and used by him officially ; and the present seal of the territory 
shall be the seal of the state, until otherwise directed by the general 
assembly. 

13. All commissions shall be in the name and by the authority of the 
state of Arkansas; be sealed with the seal of the state, signed by the 
governor, and attested by the secretary of state. 

14, There shall be a secretary of state elected by a joint vote of both 
houses of the general assembly, who shall continue in office during the 
term of four years, and until his successor in office be duly qualified. 
He shall keep a fair register of all the official acts and proceedings of the 
governor, and shall, when required, lay the same, and all papers, minutes, 
and vouchers relative thereto, before the general assembly ; and shall 
perform suéh other duties as may be required by law. 

15. Vacancies that may happen in oflices, the election to which is 
vested in the general assembly, shall be filled by the governor during the 
recess of the general assembly, by granting commissions, which shall 
expire at the end of the next session. 

16. Every bill which shall have passed both houses shall be presented 
to the governor ; if he approve, he shall sign it; but if he shall not ap- 
prove it, he shall return it, with his objections, to the house in which it 
shall have originated, who shall enter his objections at large upon their 
journals, and proceed to reconsider it. If, after such reconsideration, a 
majority of the whole number elected to that house shall agree to pass 
the bill, it shall be sent with the objections to the other house, by which, 
likewise, it shall be reconsidered ; and, if approved by a majority of the 
_whole number elected to that house, it shall be a law; but in such cases 
the votes of both houses shall be determined by yeas and nays, and the 
names of the persons voting for and against the bill shall be entered on 
the journal of each respectively. If any bill shall not be returned by the 
governor within three days, Sundays excepted, after it shall have been 
presented to him, the same shall be a Jaw in like manner as if he had 
signed it, unless the general assembly, by their adjournment, prevent its 
return ; in such cases, it shall not be a law. 

17, Every order or resolution to which the concurrence of both houses 
may be necessary, except on questions of adjournment, shall be presented 
to the governor, and before it shall take effect, be approved by him, or, 
being disapproved, shall be repassed by both houses, according to the 
rules and limitations prescribed in the case of a bill. 

18. In case of the impeachment of the governor, his removal from 
office, death, refusal to qualify, resignation, or absence from the state, the 
president of the senate shall exercise all the authority appertaining te 


406 CONSTITUTION OF 


the office of governor, until another governor shall have been elected 
and qualified, or until the governor absent or impeached, return or be 
acquitted. 

19. If, during the vacancy of the office of governor, the president of 
the senate shall be impeached, removed from office, refusal to qualify, 
resign, die, or be absent from the state, the speaker of the house of repre- 
sentatives shall in like manne administer the government. 

20. The president of the senate and speaker of the house of representa- 
tives, during the time they respectively administer the government, shall 
receive the same compensation which the governor would have received, 
had he been employed in the duties of his office. 

21. Whenever the office of governor shall become vacant, by death, 
resignation, removal from office, or otherwise, provided, such vacancy 
shall not happen within eighteen months of the end of the term for 
which the late governor shall have been elected, the president of the 
senate or speaker of the house of representatives, as the case may be, 
exercising the powers of governor for the time being, shall immediately 
cause an election to be held to fill such vacancy, giving, by proclamation, 
sixty days’ previous notice thereof, which election shall be governed by 
the same rules prescribed for general elections of governor, as far as ap- 
plicable. The return shall be made to the secretary of state, who, in 
presence of the acting governor, and the judges of the supreme court, or 
one of them at least, shall compare them, and, together with said acting 
governor, and judges, declare who is elected ;_ and if there be a contested 
election, it shall be decided by the judges of the supreme court in manner 
to be prescribed by law. 

22. The governor shall always reside at the seat of government. 

23. No person shall hold the office of governor, and any other office 
or commission, civil or military, either in this state, or under any state, 
or the United States, or any other power, at one and the same time. 

24. That there shall be elected, by the joint vote of both houses of the 
general assembly, an auditor and treasurer for this state, who shall hold 
their offices for the term of two years, and until their respective succes- 
sors are elected and qualified, unless sooner removed, and shall keep their 
respective offices at the seat of government, and perform such duties as 
shall be prescribed by law ; and, in case of vacancy by death, resignation, 
or otherwise, such vacancy shall be filled by the governor, as in other 
cases. 


Militia. 


§ i. The militia of this state shall be divided into convenient divisions, 
brigades, regiments, and companies, and officers of corresponding titles 
and rank elected to command them, conforming, as nearly as practicable, 
to the general regulations of the army of the United States. 

2. Major-generals shall be elected by the brigadier-generals and field 
officers of their respective divisions ; brigadier-generals shall be elected 
by the field officers and commissioned company officers of their respective 
brigades ; field officers shall be elected by the officers and privates of their 
respective regiments ; and captains and subaltern officers shall be elected 
by those subject to military duty in their respective companies. 

3. The governor shall appoint the adjutant-general and other members 
of his staff; and major-generals, brigadier-generals and commandants of 


ARKANSAS. 407 


regiments, shall respectively appoint their own staff; and all commis- 
sioned oflicers may continue in office during good behaviour ; and staff 
officers during the same time, subject to be removed by the superior offi- 
cers from whom they respectively derive their appointment. 


ARTICLE 6, 
Judicial Department 


§ 1, The judicial power of this state shall be vested in one supreme 
court, in circuit courts, in county courts, and in justices of the peace. 
The general assembly may also vest such jurisdiction as may be deemed 
necessary in corporation courts, and, when they deem it expedient, may 
establish courts of chancery. 

2. The supreme court shall be composed of three judges, one of whom 
shall be styled chief justice, any two of whom shall constitute a quorum, 
and the concurrence of two of said judges shall, in every case, be 
necessary to a decision. ‘The supreme court, except in cases otherwise 
directed by this constitution, shall have appellate jurisdiction only, which 
shall be co-extensive with the state, under such restrictions and regula- 
tions as may, from time to time, be prescribed by law. It shall have a 
general superintending control over all inferior and other courts of la 
and equity. It shall have power to issue writs of error and supersedeas, 
certiorari, and habeas corpus, mandamus, and quo warranto, and other 
remedial writs, and to hear and determine the same. Said judges shall 
be conservators of the peace throughout the state, and shall severally have 
power to issue any of the aforesaid writs, 

3. The circuit courts shall have original jurisdiction over all criminal 
cases, which shal] not be otherwise provided for by law; and exclusive 
original jurisdiction of all crimes amounting to felony at common law ; 
_ and original jurisdiction of all civil cases which shall not be cognisable 
before justices of the peace, until otherwise directed by the general as- 
sembly ; and original jurisdiction in all matters of contracts, where the 
sum in controversy is over one hundred dollars. It shall hold its terms 
in such place in each county as may be by law directed. 

4, The state shall be divided into convenient circuits, each to consist 
of not less than five, nor more than seven counties, contiguous to each 
other, for each of which a judge shall be elected; who, during his conti- 
nuance in office, shall reside and be a conservator of the peace within the 
circuit for which he shall have been elected. 

5. The circuit courts shall exercise a superintending control over the 
county courts, and over justices of the peace, in each county in their 
respective circuits, and shall have power to issue all the necessary writs 
to carry into effect their general and specific powers. 

6. Until the general assembly shall deem it expedient to establish 
courts of chancery, the circuit court shall have jurisdiction in matters of 
equity, subject to appeal to the supreme court, in such manner as may 

be prescribed by law. 
_ 7, The general assembly shall, by joint vote of both houses, elect the 
judges of the supreme and circuit courts, a majority of the whole num- 
ber in joint vote being necessary toa choice. The judges of the supreme 
court shall be at least thirty years of age. They shall hold their offices 

during the term of eight years from the date of their commissions. Im- 


408 CONSTITUTION OF 


mediately after such election, by the first general assembly, the presiden 
of the senate and speaker of the house of representatives shall proceed, 
by lot, to divide the judges into three classes. The commission of the 
first class shall expire at the end of four years ; of the second class at the 
end of six years ; and of the third class at the end of eight years ; so that 
one-third of the whole number shall be chesen every four, six, and eight 
years. The judges of the circuit court shall beat least twenty-five years 
of age, and shall be elected for the term of fonr years from the date of 
their commission. The supreme court shall appoint its own clerks for 
the term of four years. The qualified voters of each county shall elect a 
clerk of the cireuit court for their respective counties, who shall hold his 
office for the term of two years; and courts of chancery, if any be esta- 
blished, shall appoint their own clerks. 

8. The judges of the supreme and circuit courts shall, at stated times, 
receive a compensation for their services, to be ascertained by law, which 
shall not be diminished during the term for which they are elected. 
They shall not be allowed any fees or perquisites of office, nor hold any 
other office of trust or profit under this state or the United States. The 
state attorneys and clerks of the supreme and circuit courts, and courts 
of chancery, if any such be established, shall receive for their services 
such salaries, fees, and perquisites of office, as shall be from time to time 
fixed by law. 

9. There shall be established, in each county in the state, a court to 
be holden by the justices of the peace, and called the county court, which 
shall have jurisdiction in all matters relating to county taxes, disburse- 
ments of money for county purposes, and in every other case that may 
be necessary to the internal improvement and local concerns of the re- 
spective counties, 

10. There shall be elected, by the justices of the peace of the respective 
counties, a presiding judge of the county court, to be commissioned by 
the governor, and hold his office for the term of two years, and until his 
successor is elected and qualified. He shall, in addition to the duties 
that may be required of him by law, as a presiding judge of the county 
court, be a judge of probate, and have such jurisdiction in matters relative 
to the estates of deceased persons, executors, administrators, and guar- 
dians, as may be prescribed by law, unti] otherwise directed by the gene- 
ral assembly. 

11. The presiding judge of the county court, and justices of the peace, 
shall receive for their services such compensation and fees as the general 
assembly may from time to time by law direct. 

12. No judge shall preside on the trial of any case in the event of 
which he may be interested, or where either of the parties shall be con- 
nected with him by affinity or consanguinity, within such degrees as 
may be prescribed by law, or in which he may have been of counsel, or 
have presided in any inferior court, except by consent of all the parties. 
In case all or any of the: judges of the supreme court shall be thus dis- 
qualified from presiding on any cause or causes, the court or judges 
thereof shall certify the same to the governor of the state, and he shall 
immediately commission specially the requisite number of men of law 
knowledge for the trial and determination thereof. The same course 
shall be pursued in the circuit and other inferior courts, as prescribed in 
this section for cases in the supreme court, Judges of the circuit courts 


ARKANSAS. 409 


may temporarily exchange circuits, or hold courts for each other, under 
such regulations as may be pointed out by law. Judges shall not charge 
jurors with respect to matters of fact; but may state the testimony and 
declare the law. 

13. The general assembly shall, by a joint vote of both houses, elect 
an attorney for the state, for each circuit established by law, who shall 
continue in office two years, and reside within the circuit for which he 
was elected, at the time of and during his continuance in office. In all 
cases where an attorney for the state of any circuit fails to attend ant 
prosecute according to law, the ceurts shall have power to appoint an 
attorney pro tempore. ‘The attorney for the court in which the supreme 
court may hold its term, shall attend the supreme court, and prosecute for 
the state. “ 

14, All writs and other process shall run in the name of “The state 
of Arkansas,” and bear test and be signed by the clerks of the respective 
courts from which they issue. Indictments shall conclude, “ against the 
peace and dignity of the state of Arkansas.” 

15. The qualified voters residing in each township shall elect the 
justices of the peace for their respective townships. For every fifty 
voters there may be elected one justice of the peace, provided, that each 
township, however small, shall have two justices of the peace. Justices 
of the peace shall be elected for the term of two years, and shall be com- 
missioned by the’ governor, and reside in the townships for which they 
were elected during their continuance in office. They shall have, indi- 
vidually, or two or more of them jointly, exclusive original jurisdiction 
in all matters of contract, except in actions of covenant, where the sum 
in controversy is of one hundred dollars and under. Justices shall, in 
no case, havejurisdiction to try*and determine any criminal case or 
penal offence against the state, but may sit as examining courts, and 
commit, discharge, or recognise, to the court having jurisdiction, for fur- 
ther trial, of offenders against the peace. For the foregoing purposes 
they shall have power to issue all necessary process. They shall also 
have power to bind to keep the peace, or for good behaviour. 

16. The qualified voters of each township shall elect one constable for 
the term of two years, who shall, during his continuance in office, reside 
in the township for which he was elected. Incorporated townships may 
have a separate constable, and a separate magistracy. 

17. The qualified. voters of each county shall elect one sheriff, one 
coroner, one treasurer, and one county surveyor, for the term of two 
years. They shall be commissioned by the governor, reside in their re- 
spective counties during their continuance in office, and be disqualified 
for the office a second term, if it should appear that they, or either of 
cove are in default for any moneys collected by virtue of their respective 
offices. 


ARTICLE 9. 
General Provisions.—Education. 


§ 1, Knowledge and learning, generally diffused through a commu- 
nity, being essential to the preservation of a free government, and dif- 
fusing the opportunities and advantages of education through the various 
parts of the state being highly conducive to this end, it shall be the duty 
of the general assembly to provide by law for the improvement of such 

2M 


410 CONSTITUTION OF 


lands as are or hereafter may be granted by the United States to this 
state for the use of schools, and to apply any funds which may be raised 
from such land, or from any other source, to the accomplishment of the 
object for which they are or may be intended. ‘The general assembly 
shall from time to time pass such laws as shall be calculated to encourage 
intellectual, scientific, and agricultural improvements, by allowing rewards 
and immunities for the promotion and improvement of arts, science, com- 
merce, manufactures, and natural history ; and countenance and encou- 
rage the principles of humanity, industry, and morality. 


Emancipation of Slaves. 


§ 1. The general assembly shall have no power to pass laws for the 
emancipation-of slaves, without the consent of the owners. They shall 
have no power to prevent emigrants to this state from bringing with them 
such persons as are deemed slaves by the laws of any one of the United 
States. They shall have power to pass laws to permit the owners of 
slaves to emancipate them, saving the rights of creditors, and preventing 
them from becoming a public charge. ‘They shall have power to prevent 
slaves from being brought to this state as merchandise, and also to oblige 
the owners of slaves to treat them with humanity. 

2. ‘Treason against the state shall consist only in levying war against 
it, or adhering to its enemies, giving them aid and comfort. No person 
shall be convicted of treason unless on the testimony of two witnesses to 
the same overt act, or his own confession in open court. 

3. No person who denies the being of a God shall hold any office in 
the civil department of this state, nor be allowed his oath in-any court. 

4. No money shall be drawn from the treasury but in consequence 
of an appropriation by law, nor shall any appropriation of money for the 
support of an army be made for a longer term than two years; and a 
regular statement and account of the receipts and expenditures of all 
public moneys shall be published with the promulgation of the laws. 

5. Absence on business of this state, or of the United States, or on a 
visit of necessary private business, shall not cause a forfeiture of a resi- 
dence once obtained. 

6. No lottery shall be authorized by this state, nor shall the sale of 
lottery tickets be allowed. 

7. Internal improvements shall be encouraged by the government of 
this state, and it shall be the duty of the general assembly, as soon as 
may be, to make provision by law for ascertaining the proper objects of 
improvements in relation to roads, canals, and navigable waters; and it 
shall also be their duty to provide by law for an equal, systematic, and 
economical application of the fund which may be appropriated to these 
objects. : 

8. Returns for all elections for officers who are to be commissioned 
by the governor, and for members of the general assembly, shal! be made 
to the secretary of state. 

9, Within five years after the adoption of this constitution, the laws, 
civil and criminal, shall be revised, digested, and arranged, and promul- 
gated in such manner as the general assembly shall direct, and a like 
revision, digest, and promulgation shall be made within every subsequent 
period of ten years. 

10. In the event of the annexation of any territory to this state, by a 


—— ee 


ARKANSAS. 411 


cession from the United States, laws may be passed extending to the 
inhabitants of such territory all the rights and privileges which may be 
required by the terms of such cession, any thing in this constitution to 
the contrary notwithstanding. 

11, The person of a debtor, except where there is strong presumption 
of fraud, shall neither be imprisoned nor continued in prison after deli- 
vering up his estate for the benefit of his creditors, in such manner as 
may be prescribed by law. 


Revenue. 


§ 1, A!l revenue shall be raised by taxation, to be fixed by law. 

2. All property subject to taxation shall be taxed according to its 
value, that value to be ascertained in such manner as the general assem- 
bly shall direct; making the same equal and uniform throughout the 
state. No one species ‘of property from which a tax may be collected, 
shall be taxed higher than another species of property of equal value: 
Provided, the general assembly shall have power to tax merchants, 
hawkers, pedlers, and privileges, in such manner as may from time to 
time be prescribed by law: and provided further, that no other or greater 
amounts of revenue shall at any time be levied, than required for the 
necessary expenses of government, unless by a concurrence of two-thirds 
of both houses of the general assembly. 

3. No poll tax shall be assessed for other than county purposes. 

4, No other or greater tax shall be levied on the productions or labour 
of the country than may be required for expenses of inspection. 


Establishment of Banks. 


§ 1. The general assembly may incorporate one state bank, with such 
amount of capital as may be deemed necessary, and with such number 
of branches as may be required for public convenience, which shall be- 
come the repository of the funds belonging to, or under the control of, 
the state; and shall be required to loan them out throughout the state, 
and in each county, in ‘proportion to representation; and they shall fur- 
ther have power to incorporate one other banking institution, calculated 
to aid and promote the great agricultural interests of the country; and 
the faith and credit of the state may be pledged to raise the funds neces- 
sary to carry into operation the two banks herein specified: Provided, 
such security can be given by the individual stockholders as will guaranty 
the state against loss or injury. 


SCHEDULE. 


§ 1. That no inconvenience may arise from the change of government, 
we declare that all writs, actions, prosecutions, judgments, claims, and 
contracts of individuals and bodies corporate, shall continue as if no 
change had taken place; and all process which may be issued under the 
authority of the territory of Arkansas previous to the admission of Ar- 
kansas into the union of the United States, shall be as valid as if issued 
in the name of the state. 

2. All laws now in force in the territory of Arkansas, which are not 
repugnaut to this constitution, shall remain in force until they expire by 
their own limitations, or be altered or repealed by the general assembly. 

3. All fines, penalties, and escheats, accruing to the territory of ”Ar- 
kansas, shall accrue to the use of the state. 


/ } es . a, pr eae (Eye me 
4. All recognisances heretofore taken, or which may be taken before 


412 CONSTITUTION. OF ARKANSAS, 


the change of territorial to a permanent state government, shall remain 
valid, and shall pass over to, and may be prosecuted in the name of the 
state; and all bonds executed to the governor of the territory, or to any 
other officer or court, in his or their official capacity, shall pass over to 
the governor, or state authority, and their successors in office, for the 
uses therein respectively expressed ; and may be sued for and recovered 
accordingly. All criminal prosecutions and penal actions, which may 
have arisen, or which may arise; before the change from a territorial to 
a state government, and which shall then be pending, shall be prosecuted 
to judgment and execution in the name of the state. All actions at law 
which now are, or may be pending in any of the courts of record in the 
territory of Arkansas, may be commenced in or transferred to any court 
of record of the state, which shall have jurisdiction of the subject-matter 
thereof; and all suits in equity may, in like manner, be commenced in 
or transferred to the court having chancery jurisdiction. 

5. All officers, civil and military, now holding commissions under 
authority of the United States, or of the territory of Arkansas, shall con- 
tinue to hold and exercise their respective offices until they shall be su- 
perseded under the authority of the state. 

6. The first session of the general assembly of the state of Arkansas. 
shall be held at the city of Little Rock, which shall be and remain the 
seat of government, until otherwise provided for by law. 

7. Elections shall be held at the several precincts, on the first Monday 
of August next, for a governor; also one representative to the congress 
of the United States; also for senators and representatives to the next 
general assembly, clerks of the circuit and county courts, sheriffs, coro- 
ners, county surveyors and treasurers, justices of the peace, and con- 
stables. 

8. The next general assembly shall be holden on the second Monday 
of September next. 

9. The election shall be conducted according to the existing laws of 
the territory of Arkansas; and the returns of all township elections held 
in pursuance thereof, shall be made to the clerks of the proper counties, 
within five days after the day of election. The clerks of the circnit 
courts of the several counties shall immediately thereafter certify the 
returns of the election of governor, and transmit the same to the speaker 
of the house of representatives, at the seat of government, in such time 
that they may be received on the second Monday of September next. 
As soon as the general assembly shall be organized, the speaker of the 
house of representatives and the president of the senate shall, in the 
presence of both houses, examine the returns, and declare who is duly 
elected to fill that office; and, if any two or more persons shall have an 
equal number of votes, anda higher number than any other person, the 
general assembly shall determine the election by a joint vote of both houses. 
And the returns of the election for member to congress shall be made to 
the secretary of state, within thirty days after the day of election. 

10. The oaths of office may be administered by any judge or justice 
of the peace, until the general assembly shall otherwise direct. 

Done by the representatives of the people of Arkansas, in convention 
assembled, at the city of Little Rock, on the 30th day of January, in the 
year of our Lord 1836 and of the independence of the United States 
the 60th year. . 


AMENDMENTS 
TO THE CONSTITUTION oF MARYLAND, ADOPTED MaRcH 10, 1837. 


§ 1. Tue term of office of the members of the present senate shall end 
and be determined whenever, and as soon as a new senate shall be 
elected as hereinafter provided, and a quorum of its members shall have 
qualified as directed by the constitution and laws of this state. 

2. At the December session of the general assembly for the year of 
our Lord, eighteen hundred and thirty-eight, and forever thereafter, the 
senate shall be composed of twenty-one members, to be chosen as here- 
inafter provided, a majority of whom shall be a quorum for the transac. 
tion of business. 

3. At the time and place of holding elections in the several counties 
of this state, and in the city of Baltimore, for delegates to the general 
assembly for the December session of the year eighteen hundred and 
thirty-eight, and under the direction of the same judges by whom such 
elections for delegates shall be held, an election shall also be held in 
each of the several counties of this state and in the city of Baltimore 
respectively, for the purpose of choosing a senator of the state of Mary- 
land for and from such county or said city, as the case may be, whose 
term of office shall commence on the day fixed by law for the com- 
mencement of the regular session of the general assembly, next succeed. 
_ing such election, and continue for two, four, or six years, according to 
the classification of a quorum of its members; and at every such elec- 
tion for senators, every person qualified to vote at the place at which he 
shall offer to vote for delegates to the general assembly, shall be entitled 
to vote for one person as senator ; and of the persons voted for as sena- 
tor in each of the several counties and in said city, respectively, the per- 
son having the highest number of legal votes, and possessing the quali- 
fications hereinafter mentioned, shall be declared and returned as duly 
elected for said county or said city, as the case maybe; and in case 
two persons possessing the required qualifications shall be found on the 
final casting of the votes given, in any one of said counties or said city, to 
have an equal number of votes, there shall be a new election ordered as 
hereinafter mentioned; and immediately after the senate shall have 
convened in pursuance of their election under this act, the senators 
shall be divided in such manner as the senate shall prescribe, into three 
classes ; the seats of the senators of the first class shall be vacated at 
the expiration of the second year, of the second class at the expiration 
of the fourth year, and of the third class at the expiration of the sixth 
year, so that one-third thereof may be elected on the first Wednesday 
of October in every second year; and elections shall be held in the 
several counties and city, from which the retiring senators came, to 
supply the vacancies as they may occur in consequence of this classifi. 


cation. 
he (413) 


414 ‘CONSTITUTION OF 


4, Such election for senators shall be conducted, and the returns 
thereof be made, with proper variations in the certificate to suit the 
case, in like manner as in cases of elections for delegates. 

5. The qualifications necessary in a senator shall be the same as are 
required in a delegate to the general assembly, with the additional quali- 
fication that he shall be above the age of twenty-five years, and shall 
have resided at least three years, next preceding his election, in the 
county or city in and for which he shall be chosen. 

6. In case any person who shall have been chosen as a senator, shall 
refuse to act, remove from the county or city, as the case may be, for 
which he shall have been elected, die, resign, or be removed for cause, 
or in case of a tie between two or more qualified persons in any one of 
the counties or in the city of Baltimore, a warrant of election shall be 
issued by the president of the senate for the time being, for the election 
of a senator to supply the vacancy, of which ten days notice at the 
least, excluding the day of notice and the day of election, shall be given. 

7. So much of the thirty-seventh article of the constitution as pro- 
vides that no senator or delegate to the general assembly, if he shall 
qualify as such, shall hold or execute any office of profit during the 
time for which he shall be elected, shall be and the same is hereby 
repealed. 

8. No senator or delegate to the general assembly shall, during the 
time for which he was elected, be appointed to any civil office under 
the constitution and laws of this state, which shall have been created, 
or the emoluments whereof shall have been increased during such time ; 
and no senator or delegate, during the time he shall continue to act as 
such, shall be eligible to any civil office whatever. 

9. At the election for delegates to the general assembly, for the De- 
cember session of the year of our Lord eighteen hundred and thirty- 
eight, and at each succeeding election for delegates, until after the next 
census shall have been taken and officially promulged, five delegates 
shall be elected in and for Baltimore city, and one delegate in and for 
the city of Annapolis, until the promulging of the census for the year 
eighteen hundred and forty, when the city of Annapolis shall be deemed 
and taken as a part of Anne Arundel county, and her right to a sepa- 
rate delegation shall cease; five delegates in and for Baltimore county ; 
five delegates in and for Frederick county, and four delegates in and for 
Anne Arundel county, and four delegates in and for each of the several 
counties respectively, hereinafter mentioned, to wit: Dorchester, Somer- 
set, Worcester, Prince George’s, Harford, Montgomery, Carrol, and 
Washington; and three delegates in and for each of the several coun- 
ties respectively, hereinafter next mentioned, to wit: Cecil, Kent, 
Queen Anne’s, Caroline, Talbot, Saint Mary’s, Charles, Calvert, and 
Allegany. 

10. From and after the period when the next census shall have been 
taken and officially promulged, and from and after the official promul- 
gation of every second census thereafter, the representation in the house 
of delegates from the several counties and from the city of Baltimore, 
shall be graduated and established on the following basis ; that is to say, 
every county which shall have by the said census a population of less 
than fifteen thousand souls, federal numbers, shall be entitled to elect 
three delegates; every county having a population by the said census 
of fifteen thousand souls, and less than twenty-five thousand souls, fede- 


MARYLAND. 415 


ral numbers, shall be entitled to elect four delegates; and every county 
having by the said census a population of twenty-five thousand, and less 
than thirty-five thousand souls, federal numbers, shall be entitled to elect 
five delegates; and every county having a population of upwards of 
thirty-five thousand souls, federal numbers, shall be entitled to elect six 
delegates; and the city of Baltimore shall be entitled to elect as many 
delegates as the county which shall have the largest representation, on 
the basis aforesaid, may be entitled to elect ; provided, and it is hereby 
enacted, that if any of the several counties hereinbefore mentioned, 
shall not, after the said census for the year eighteen hundred and forty 
shall have been taken, be entitled by the graduation on the basis afore- 
said to a representation in the house of delegates equal to that allowed 
to such county by the ninth section of this act, at the election of dele- 
gates for the December session of the year eighteen hundred and thirty- 
eight, such county shall, nevertheless, after said census for the year 
eighteen hundred and forty, or any future census, and forever thereafter, 
be entitled to elect the number of delegates allowed by the provisions 
of said section for the said session, but nothing in the proviso contained, 
shall be construed to include in the representation of Anne Arundel 
county, the delegate allowed to the city of Annapolis in the said ninth 
section of this act. 

11. In all elections for senators, to be held after the election for dele- 
gates, for the December session eighteen hundred and thirty-seven, the 
city of Annapolis shall be deemed and taken as part of Anne Arundel 
county. 

12..' The general assembly shall have power from time to time to regu- 
late all matters relating to the judges, time, place, and manner of hold- 
ing elections for senators and delegates, and of making returns thereof, 
and to divide the several counties into election districts, for the more 
convenient holding of elections, not affecting their terms or tenure of 
office. 

13. So much of the constitution and form’ of government as relates 
to the council to the governor, and to the clerk of the council, be 
abrogated, abolished, and annulled, and that the whole executive power 
of the government of this state shall be vested exclusively in the gover- 
nor, subject nevertheless to the checks, limitations, and provisions, here- 
inafter specified and mentioned. 

14. The governor shall nominate, and by and with the advice and 
consent of the senate, shall appoint all officers of the state whose offices 
are or may be created by law, and whose appointment shall not be 
otherwise provided for by the constitution and form of government, or 
by any laws consistent with the constitution and form of government ; 
‘provided, that this act shall not be deemed or construed to impair in 
any manner the validity of the commissions of such persons as shall 
be in office under previous exccutive appointment, when this act shall 
go into operation, or alter, abridge, or change, the tenure, quality, or 
duration of the same, or of any of them. 

15. The governor shall have power to fill any vacancy that may occur 
in any such offices during the recess of the senate, by granting com- 
missions which shall expire upon the appointment of the same person, 
or any other person, by and with the advice and consent of the senate, 
to the same office, or at the expiration of one calendar month, ensuing 


416 CONSTITUTION OF 


the commencement of the next regular session of the seniiies whichever 
shall first occur. 

16. ‘The same person shall in no case be nominated by the governor 
a second time during the same session, for the same office, in case, he 
shall have been rejected by the senate, unless after such rejection, the 
senate shall inform the governor by message of their willingness to re- 
ceive again the nomination of such rejected person, for further consider- 
ation, and in case any person nominated by the governor for any office, 
shall have been rejected by the senate, it shall not be lawful for the 
governor at any time afterwards, during the recess of the senate, in case 
of vacancy in the same office, to appoint such rejected person to fill 
said vacancy. 

17. It shall be the duty of the governor, within the period of one 
calendar month next after this act shall go into operation, and in the 
same session in which the same shall be confirmed, if it be confirmed, 
and annually thereafter during the regular session of the senate, and on 
such particular day, if any, or within such particular period as may be 
prescribed by law, to nominate, and by and with the advice and consent 
of the senate, to appoint a secretary of state, who shall hold his office 
until a successor shall be appointed, and who shall discharge such du- 
ties, and receive such compensation, as shall be prescribed by law. 

18. In case a vacancy shall occur in the office of governor at any 
time after this act shall go into operation, the general assembly, if in 
session, or if in the recess, at their next session, shall proceed to elect 
by joint ballot of the two houses, some person, being a qualified resident 
of the gubernatorial district from which the governor for said term is 
to be taken, to be governor for the residuc of said term in place of the 
person originally chosen; and in every case of vacancy until the elec- 
tion and qualification of the person succeeding,the secretary of state, by 
virtue of his said office, shall be clothed, ad interim, with the executive 
powers of government; and in case there shall be no secretary of state, 
or in case he shall refuse to act, remove from the state, die, resign, or 
be removed for cause, the person filling the office of president of the 
senate shall, by virtue of his said office, be clothed, ad interim, with the 
executive powers of government; and in case there shall be no president 
of the senate, or in case he shall refuse to act, remove from the state, 
die, resign, or be removed for cause, the person filling the office of 
speaker of the house of delegates shall, by virtue of his said office, be 
clothed, ad interim, with the executive powers of government. 

19. The term of office of the governor, who shall be chosen on the 
first Monday of January next, shall continue for the term of one year, 
and until the election and qualification of a successor, to be chosen as 
hereinafter mentioned. 

20. At the time and places of holding the elections in the several 
counties of this state, and in the city of Baltimore, for delegates to the 
general assembly for the December session of the year eightcen hundred 
and thirty-eight, and before the same judges by whom the election for 
delegates shall be held, and in every third year forever thereafter, an 
election shall also be held for a governor of this state, whose term of 
office shall commence on the first Monday of January next ensuing the 
day of such election, and continue for three years, and until the elec- 
tion and qualification of a successor; at_which said election every per- 
son qualified to vote for delegates to the general assembly, at the place 


MARYLAND. A417 


at which he shall offer to vote, shall be entitled to vote for governor, and 
the person voted for as governor shall possess the qualifications now re- 
quired by the constitution and form of government, and the additional 
qualification of being at least thirty years of age, and of being and of 
having been for at least three whole years before, a resident within the 
limits of the gubernatorial district from which the governor is to be 
taken at such election, according to the priority which shall be deter- 
mined as hereinafter mentioned, that is to say, the state shall be, and the 
same is hereby divided into three gubernatorial districts, as follows: the 
counties of Cecil, Kent, Queen Anne’s, Caroline, Talbot, Dorchester, 
Somerset, and Worcester, shall together compose one district, and until 
its number shall be determined as hereinafter provided, shall be known 
as the astern District; the counties of Saint Mary’s, Charles, Calvert, 
Prince George’s, Anne Arundel, inclusive of the city of Annapolis, 
Montgomery, and Baltimore city, shall together compose one district, 
and until its number shall be determined as hereinafter provided, shall 
be known as the Southern District; Baltimore, Harford, Carroll, Frede- 
rick, Washington, and Allegany counties, shall together compose one 
district, and until its number shall be determined as hereinafter pro- 
vided, shall be known as the North-western District; and for the pur- 
pose of determining the respective numbers and order of priority of said 
districts in the same session in which this act shall be confirmed, if the 
same shall be confirmed as hereinafter mentioned, and on some day to 
be fixed by concurrence of the two branches, the speaker of the house 
of delegates shall present to the president of the senate, in the senate 
chamber, a box containing three ballots of similar size and appearance, 
and on which shall severally be written, Eastern District, Southern Dis- 
trict, North-western District, and the president of the senate shall 
thereupon draw from said box the said several ballots in succession, and 
the district, the name of which shall be written on the ballot first drawn, 
shall thenceforth be distinguished as the first gubernatorial district, and 
the person to be chosen governor at the election first to be held under 
the provisions of this section, and the person to be chosen at every suc- 
ceeding third election for governor forever thereafter, shall be taken 
from the said first district; and the district, the name of which shall be 
written on the ballot secondly drawn, shall thenceforth be distinguished 
as the second gubernatorial district, and the person to be chosen gover- 
nor at the second election to be held under the provisions of this section, 
and the person to be chosen at every succeeding third election for 
governor forever thereafter, shall be taken from the said second district, 
and the district, the name of which shall be written on the ballot thirdly 
drawn, shall thenceforth be distinguished as the third gubernatorial dis- 
trict, and the person to be chosen governor at the third election to be 
held under the provisions of this section, and the person to be chosen at 
every succeeding third election forever thereafter, shall be taken from 
the said third district ; and the result of such drawing shall be entered 
on the journal of the senate, and be reported by the speaker of the 
house of delegates on his return to that body, and be entered on the 
journal thereof, and shall be certified by a joint letter, to be signed by 
the president of the senate and the speaker of the house of delegates, 
and be addressed and transmitted to the secretary of state, if appointed, 
and if not, as soon as he shall be appointed, to be by him preserved in 
his office. 


J 
418 CONSTITUTION OF 


21. The general assembly shall have power to regulate by law all 
matters which relate to the judges, time, place, and manner of holding 
elections for governor, and of making returns thereof not affecting the 
tenure and term of office thereby, and that until otherwise directed, the 
returns shall be made in like manner as in elections for electors of pre- 
sident and vice president, save that the form of the certificates shall be 
varied to suit the case, and savé also, that the returns, instead of being 
made to the governor and council, shall be made to the senate, and be 
addressed to the president of the senate,-and be enclosed under cover to 
the secretary of state, by whom they shall be delivered to the president 
of the senate, at the commencement of the session next ensuing such 
election. 

22. Of the persons voted for as governor, at any such election, the 
person having, in the judgment of the senate, the highest number of 


legal votes, and possessing the legal qualifications, and resident as afore-. . 


said, in the district from which the governor at such election is to be 
taken, shall be governor, and shall qualify in the manner prescribed by 
the constitution and laws, on the first Monday of January next ensuing 
his election, or as soon thereafter as may be, and all questions in relation 
to the number or legality of the votes given for each and any person 
voted for as governor, and in relation to the returns, and in relation to 
the qualifications of the persons voted for as governor, shall be decided 
by the senate, and in case two or more persons, legally qualified accord- 
ing to the provisions of this act,-shall have an equal number of legal 
votes, then the senate and house of delegates, upon joint ballot, shall 
determine which one of them shall be governor, and the one whieh, 
upon counting the ballots, shall have the highest number of votes, shall 
be governor, and shall qualify accordingly. 

23. No person who shall be elected, and shall act as governor, shall 
be again eligible for the next succeeding term. 

24. The elections to be held in pursuance of this act, shall be held 
on the first Wednesday of October, in the year eighteen hundred and 
thirty-eight, and for the election of delegates on the same day in every 
year thereafter, for the election of governor on the same day in every 
third year thereafter, and for the election of senators, of the first class, 
on the same day, in the second year after their election and classifica- 
tion, and on the same day in every sixth year thereafter; and for the 
election of senators of the second class, on the same day in the fourth 
year after their election and classification, and on the same day in every 
sixth year thereafler; and for the election of senators of the third class, 
on the same day, in the sixth year after their election and classification, 
and on the same day in every sixth year thereafter. 

25. In all elections for governor, the city of Annapolis shall be deem- 
ed and taken as part of Anne Arundel county. 

26. The relation of master and slave, in this state, shall not be abol- 
ished, unless a bill so to abolish the same shall be passed by a unanimous 
vote of the members of each branch of the general assembly, and shall 


be published at least three months before a new election of delegates, ~~ 


and shall be confirmed by a unanimous vote of the members of each 
branch of the general assembly, at the next regular constitutional ses- 
sion after such new election, nor then, without full compensation to the 
master for the property of which he shall be thereby deprived. 


MARYLAND. 419 


27. The city of Annapolis shall continue to be the seat of govern- 
ment, and the place of holding the sessions of the court of appeals for 
the Western Shore, and the high court of chancery. 

28. If this act shall be confirmed by the general assembly, after a 
new election of delegates, in the first session after such new election, 
agreeably to the provisions of the constitution and form of government, 
then and in such case, this act, and the alterations and amendments of 
the constitution therein contained, shall be taken and considered, and 
shall constitute and be valid, as’a part of said constitution and form of 
government, anything in the said constitution and form of government 
to the contrary notwithstanding. 


THE END. 


a 


en 


es "eae fest 


Of, Xye 


> Hy oe 


% 


ao 


ih J ‘at; ' ; i ‘ 
ah a ; 
y ; Y a - hi 
he W: 
7 } ie wns ; 
5) ine 


hi t 
" 
yf 


% . 


-URBANA 


UNIVERSITY OF ILLINOIS 


it 


| 


290608 


N 
+ 
ae) 
N 
be 
» aca 
© 
o 


